Burghardt v. Olson

I did not sit when this matter was first heard by the court in January of this year. Had I done so, I would have then joined in the carefully considered dissenting opinion of Harris, J. pro tern., Burghardt v. Watson, 223 Or 155, 349 P2d 792, 804, and which has lost none of its original force by reason of the rehearing.

My prime objection to the last majority opinion, as well as to the first, is a feeling that the result reached is attained by the majority in failing to apply certain long established and universally recognized rules, particularly those applying when the appeal is from a denial…