
    Argued June 4,
    affirmed June 10, 1970
    KREY, Appellant, v. SARAH LAND CO., Respondent.
    
    470 P2d 154
    
      Wayne G. Ii elites on, Eugene, argued tlie 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.
   PER CURIAM.

Plaintiff appeals from an adverse judgment in her action of ejectment claiming the court erred in failing to submit tbe issue of punitive damages to the jury and for fading to order a new trial. Tbe 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 fadure to grant a motion for a new trial is not appealable. Shearer v. Lantz, 1957, 210 Or 632, 312 P2d 581.

Judgment affirmed.  