FREYTAG v. ALLEN


248 Or. 416 (1967)

434 P.2d 475

FREYTAG, Appellant, v. ALLEN, Respondent.

Supreme Court of Oregon.

Affirmed December 6, 1967.


Attorney(s) appearing for the Case

G.K. Jensen, Eugene, argued the cause for appellant. On the brief were Roy Dwyer and Dwyer & Kelsay, Eugene.

W.F. Flinn, Eugene, argued the cause for respondent. On the brief were Jaqua, Wheatley & Gardner, Eugene.

Before SLOAN, Presiding Justice, and GOODWIN and DENECKE, Justices.


AFFIRMED.

DENECKE, J.

Plaintiff's decedent was a guest passenger in an automobile driven by the defendant and was killed when the car ran off the road. This is a wrongful death action for damages for his death and is grounded upon gross negligence. The jury brought in a verdict for the defendant, and plaintiff appeals.

1. Plaintiff contends that the court erred in failing to remove the defense of contributory negligence from the jury's consideration...

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