Wolverton v. Stanwood

Defendants in this case have filed a petition for a rehearing on the grounds that this court, having reversed the judgment n.o.v. in their favor, should then have considered the propriety of their alternative motion for a new trial rather than ordering the reinstatement of the original judgment for plaintiff entered on the jury’s verdict.

We agree that we should have specifically dealt with the merits of defendants’ motion for a new trial as well as with the propriety of the judgment n.o.v. See, e.g., Austin v. Sisters of Charity, 256 Or 179, 470 P2d 939 (1970); German v. Kienow’s Food Stores,…