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BURGHARDT v. OLSON

223 Or. 155 (1960)

349 P.2d 792

354 P.2d 871

BURGHARDT v. OLSON

Supreme Court of Oregon.

Argued on rehearing May 19, 1960.

Reversed February 17, 1960.

Former opinion adhered to July 27, 1960.

Attorney(s) appearing for the Case

James O. Goodwin, Oregon City, argued the cause for appellant. On the brief were Jack, Goodwin & Santos, Oregon City, and Philip A. Levin, Portland.

George L. Hibbard, Oregon City, argued the cause for respondent. On the brief were Beattie, Hibbard, Jacobs & Caldwell and Harold Uney, Oregon City.

Philip A. Levin, Portland, argued the cause for appellant on rehearing. With him on the brief were Jack, Goodwin & Santos, Oregon City.

George L. Hibbard, Oregon City, argued the cause for respondent on rehearing. On the brief were Beattie, Hibbard, Jacobs & Caldwell and Harold Uney, Oregon City.

Before McALLISTER, Chief Justice, and ROSSMAN, WARNER, PERRY, SLOAN, O'CONNELL and MILLARD, Justices.

REVERSED.

ROSSMAN, J.

This is an appeal by the defendant, Janet Olson, from a judgment which the circuit court entered in favor of the plaintiff Gary Burghardt after a jury had returned its verdict for him. The action is governed by our automobile guest statute, ORS 30.110 which provides that a non-paying guest in an automobile has no cause of action against his host "unless the accident was intentional on the part...

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