Monogios v. Pacific Power Light Co.

Full title: MONOGIOS, Appellant, v. PACIFIC POWER LIGHT COMPANY, Respondent

Court: Oregon Supreme Court

Date published: Feb 17, 1977

560 P.2d 274 (Or. 1977)

560 P.2d 274

Opinion

No. 10709, SC P-2492

Argued October 26, 1976,

affirmed February 17, 1977

Appeal from Circuit Court, Umatilla County.

Henry Kaye, Judge.

Affirmed.

Walter T. Aho, Molalla, argued the cause for appellant. On the brief was James E. Bernstein, Oregon City.

George H. Corey, of Corey, Byler Rew, Pendleton, argued the cause for respondent. On the brief was Marcus A. Wood, of Rives, Bonyhadi Drummond, Portland.

Before Denecke, Chief Justice, and O'Connell,^_ Holman,^__ Howell and Bryson, Justices.

_ O'Connell, J., term expired January 3, 1977.

__ Holman, J., did not participate in the decision in this case.

PER CURIAM.

PER CURIAM.

The controlling issue in this malicious prosecution case is whether the defendant had probable cause to institute criminal proceedings as a matter of law. The law is as stated in Varner v. Hoffer, 267 Or. 175, 515 P.2d 920 (1973). Viewing the evidence in a light most favorable to plaintiff, we find that the defendant reasonably believed the plaintiff acted in a manner which constitutes the offense of criminal mischief in the second degree.

Affirmed.