Monogios v. Pacific Power & Light Co.

560 P.2d 274, 277 Or. 233, 1977 Ore. LEXIS 1097

Opinion

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 P2d 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.