Opinion
No. 78-7563, CA 16819
Argued and submitted November 14, 1980
Reversed and remanded December 8, 1980 Reconsideration denied January 22, 1981 Petition for review denied March 17, 1981 ( 290 Or. 651)
Appeal from Circuit Court, Lane County.
Helen J. Frye, Judge.
Terence J. Hammons, Eugene, argued the cause for appellants. With him on the briefs was Hammons Jensen, Eugene.
William L. Tufts, Eugene, argued the cause for respondent. With him on the brief were Robert E. Krambs and Barber Krambs, Eugene.
Before Joseph, Presiding Judge, and Warden and Warren, Judges.
PER CURIAM
Reversed and remanded.
In this action for fraud defendants appeal a judgment in favor of the plaintiff based on the jury verdict. Defendants assign as error the trial court's refusal of defendants' request for a poll of the jury, made immediately after the verdict was received. The statute in effect when this case was tried, ORS 17.355 (since repealed but with substantially the same language preserved in Oregon Rules of Civil Procedure, Rule 59 G.(3)), gives a party an absolute right to a poll upon request. See Eisele v. Rood, 275 Or. 461, 551 P.2d 441 (1976).
A review of that portion of the record relevant to this issue satisfies us that defendants did not waive their right to have the jury polled.
Reversed and remanded.