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TARBET v. GREEN

236 Or. 361 (1964)

388 P.2d 468

TARBET v. GREEN

Supreme Court of Oregon.

Reversed and remanded January 22, 1964.

Attorney(s) appearing for the Case

Asa L. Lewelling, Salem, argued the cause for appellant. On the briefs were Lewelling & Gies.

James W. Walton, Corvallis, argued the cause for respondent. On the brief were Ringo and Walton.

Before McALLISTER, Chief Justice, and PERRY, O'CONNELL and DENECKE, Justices.

REVERSED AND REMANDED.

O'CONNELL, J.

This is an action for damages for personal injuries sustained by plaintiff when she alighted from defendant's automobile. Defendant appeals from a judgment for plaintiff entered on a jury's verdict. The sole issue on appeal is whether plaintiff was a guest within ORS 30.110, or a paying passenger.1 There was no evidence of gross negligence.

The facts are as follows. Defendant, age 22...

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