FOSSI v. GEORGE


191 Or. 113 (1951)

228 P.2d 798

FOSSI v. GEORGE

Supreme Court of Oregon.

Affirmed March 7, 1951.


Attorney(s) appearing for the Case

Cleveland C. Cory argued the cause for appellant. With him on the brief were Manley B. Strayer, George H. Fraser, and Hart, Spencer, McCulloch, Rockwood and Davies, all of Portland.

Donald H. Joyce, of Portland, argued the cause and filed a brief for respondent.

Before BRAND, Chief Justice, and HAY, LUSK, LATOURETTE and TOOZE, Justices.


AFFIRMED.

HAY, J.

The plaintiff, Beverly Austin Fossi, sued the defendant, Kenneth K. George, for damages for personal injuries suffered by her as the result of the collision of an automobile driven by George, in which plaintiff was a guest passenger, with a guard rail upon the edge of a highway. Trial by jury resulted in a verdict and judgment in favor of defendant. The trial court, on motion of plaintiff, set aside the judgment and ordered a new trial. Assigning...

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