STITES v. MORGAN


229 Or. 116 (1961)

366 P.2d 324

STITES v. MORGAN

Supreme Court of Oregon.

Affirmed November 22, 1961.


Attorney(s) appearing for the Case

Myron L. Enfield, Salem, argued the cause for appellant. On the brief were Rhoten, Rhoten & Speerstra, Salem.

Otto R. Skopil, Jr., and Al J. Laue, Salem, argued the cause for respondent. On the brief were Williams & Skopil and Al J. Laue.

Before ROSSMAN, J., presiding and PERRY, SLOAN, O'CONNELL and GOODWIN, Justices.


AFFIRMED.

O'CONNELL, J.

This is an action brought under the guest statute (ORS 30.110) to recover damages for personal injuries suffered by plaintiff while riding in an automobile driven by defendant. Plaintiff appeals from a judgment for defendant entered upon defendant's motion for a nonsuit.

The question presented on appeal is whether the trial court erred in refusing to allow the case to go to the jury on the issues of intoxication and gross negligence...

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