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QUIGLEY v. ROATH

227 Or. 336 (1961)

362 P.2d 328

QUIGLEY v. ROATH

Supreme Court of Oregon.

Affirmed May 24, 1961.

Attorney(s) appearing for the Case

George L. Hibbard, Oregon City, argued the cause for appellant. On the brief were Hibbard, Jacobs, Caldwell & Kincart, Oregon City.

Charles Paulson, Portland, argued the cause for respondent. With him on the brief were Peterson & Lent, Portland.

Before McALLISTER, Chief Justice, and WARNER, SLOAN, O'CONNELL and LUSK, Justices.

AFFIRMED.

O'CONNELL, J.

This action was brought under the Idaho guest statute (9 Idaho Code Ann., § 49-1401) to recover damages for injuries suffered as a result of an automobile accident which occurred in the state of Idaho. Plaintiff was one of three occupants of defendant's automobile. The others were defendant and Don Wheatley. Wheatley was driving the automobile as defendant's servant at the time of the accident. The pleadings and proof raised an...

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