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TURNER, ADM'R, v. McCREADY

190 Or. 28 (1950)

222 P.2d 1010

TURNER, ADMINISTRATOR, v. McCREADY ET AL. AND ELLINGSWORTH, ADMINISTRATOR

Supreme Court of Oregon.

Reversed and remanded October 17, 1950.

Attorney(s) appearing for the Case

Randall B. Kester, of Portland, argued the cause for appellant. With him on the brief were James J. Kennedy and Maguire, Shields, Morrison & Bailey, all of Portland.

Earl A. Nott and Francis E. Marsh, of McMinnville, argued the cause and filed a brief for respondent.

Before LUSK, Chief Justice, and BRAND, BAILEY, HAY, LATOURETTE and WARNER, Justices.

REVERSED AND REMANDED.

BRAND, J.

This is an action for damages brought by Charles O. Turner as administrator of the estate of Charles Turner, deceased, against R.E. Ellingsworth as administrator of the estate of Ralph Ellingsworth, deceased. Charles Turner was a guest in an automobile driven by Ralph Ellingsworth, and the action, which is brought under O.C.L.A., § 115-1001, the guest statute, is based on alleged gross negligence of Ralph Ellingsworth...

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