470 P.2d 154
Oregon Supreme Court.Argued June 4, 1970
Affirmed June 10, 1970
IN BANC
Appeal from Circuit Court, Lane County.
EDWARD LEAVY, Judge.
Wayne G. Helikson, Eugene, argued the cause and filed briefs for appellant.
Sidney E. Thwing, Eugene, argued the cause for respondent. With him on the brief were Thwing, Atherly Butler, Eugene.
AFFIRMED.
PER CURIAM.
1, 2. Plaintiff appeals from an adverse judgment in her action of ejectment claiming the court erred in failing
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to submit the issue of punitive damages to the jury and for failing to order a new trial. The issue of punitive damage is moot because the jury refused to allow compensatory damages. See Martin v. Cambas, 1930, 134 Or. 257, 261, 293 P. 601, and Hodel, Exemplary Damages in Oregon, 1965, 44 Or L Rev 175, at 229. The failure to grant a motion for a new trial is not appealable. Shearer v. Lantz, 1957, 210 Or. 632, 312 P.2d 581.
Judgment affirmed.
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