SMITH v. SMITH


205 Or. 286 (1955)

287 P.2d 572

SMITH v. SMITH

Supreme Court of Oregon.

Affirmed September 9, 1955.


Attorney(s) appearing for the Case

Gordon G. Carlson, of Roseburg, argued the cause for appellant. With him on the brief were Yates, Murphy & Carlson, of Roseburg.

Kenneth Roberts, of Portland, argued the cause for respondent. On the brief were Mautz, Souther, Spaulding, Denecke & Kinsey, of Portland.

Before WARNER, Chief Justice, and TOOZE, LUSK, BRAND, LATOURETTE and PERRY, Justices.


AFFIRMED.

BRAND, J.

The plaintiff, Naomi Jean Smith, brought this action for damages against her husband, Leo L. Smith, under the provisions of the Oregon Guest Statute, ORS 30.110. The complaint alleges that the defendant operated an automobile, in which the plaintiff was a passenger, in a grossly negligent manner and in reckless disregard of the rights of the plaintiff. The defendant filed a general demurrer which was sustained. Plaintiff failed to plead...

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