Citation Codes Equivalent Citations citation codes Attorney(S) Wayne G. Helikson, Eugene, argued the cause filed briefs for Sidney E. Thwing, Eugene, argued the cause for With him on the brief were Thwing, Atherly Butler, See more information ... Smart Summary Please sign up to generate summary. KREY, Appellant, v. SARAH LAND CO., Respondent. AFFIRMED. PER CURIAM. 1, 2. Plaintiff appeals from an adverse judgment in her action of ejectment claiming the court erred in failing 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.