Opinion

Delp v. Zapp's Drug & Variety Stores

  • 238 Or. 538
  • 395 P.2d 137
  • 1964 Ore. LEXIS 441
Court
Oregon Supreme Court
Filed
Sep 10, 1964
Status
Published
Author
Sloan
On the bench
Bossman, Sloan, Gtoodwin, Denecke, Lusk
Cited by
20 cases

The opinion

*549 SLOAN, J.,

dissenting.

The trial court and the majority here treat the events recited in the opinion as separate and distinct acts of the defendant. I cannot agree. If it be granted that there was probable cause to detain plaintiff when she left the check-out counter, there was no probable cause therefor to believe her a thief and to pursue and later again apprehend her. The sum total of the conduct of the parties should have been submitted to the jury. The judgment should be reversed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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