Opinion

CUDD v. Aschenbrenner

233 Or. 272
377 P.2d 150
1962 Ore. LEXIS 484

Court: Oregon Supreme Court
Filed: Dec 19, 1962
Status: Published
Author: O'Oonnell
On the bench: O'Oonnell, McAllisteb, McAllister, Rossman, Perry, Sloan, O'Connell, Goodwin, Lusk
Cited by: 15 cases
Authority: More cited than 5.2%

The opinion

O’OONNELL, J.,

specially concurring.

I concur in the result reached by the majority. I do not agree with that part of the opinion which purports to distinguish the present case from McFadden v. Bain, 162 Or 250 , 91 P2d 292 (1939). McFadden v. Bain was incorrectly decided and should be overruled.

I agree with the majority in holding that a lottery does not exist unless the device employed tends to produce the type of evil which the constitution was intended to obviate. Those evils are not present in the operation of the advertising scheme adopted by the plaintiff in this case.

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