# Wallowa Valley Stages, Inc. v. Oregonian Publishing Co.

> Oregon Supreme Court · November 6, 1963 · 235 Or. 594

URL: https://www.frixlaw.com/law-library/cases/9545020

## Case

- **Full name:** Wallowa Valley Stages, Inc. v. the Oregonian Publishing Company
- **Court:** Oregon Supreme Court
- **Decided:** November 6, 1963
- **Citations:** 235 Or. 594; 386 P.2d 430; 1963 Ore. LEXIS 376
- **Precedential status:** Published
- **Opinion:** Dissent by Perry
- **Judges:** McAllister, Rossman, Perry, Sloan, O'Connell, Goodwin, Denecke
- **Cited by:** 25 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled in part, on other grounds by Woody v. Waibel, 276 Or. 189 (1976).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9545020

## Opinion text

PERRY, J.,
dissenting.
I am unable to agree with the majority since, in my opinion, there is no substantial evidence in the record that the publishing company had the right to exercise control over the manner in which the defendant Badgett controlled and operated his newspaper delivery business.
In my opinion the posture of the case is such that the jury is left to speculate as to what may or may not be the relationship between the publishing company and Badgett. The publishing company was entitled to an instruction as a matter of law that there was a *605 failure of proof on the part of the plaintiff to establish that defendant Badgett was an agent of the company.
I would reverse.
Mr. Justice Rossman concurs in this dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9545020. Public record. Not legal advice.