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BROWN v. BRYANT

440 P.2d 231 (1968)

Howard BROWN, Appellant, v. James BRYANT, Respondent.

Supreme Court of Oregon, Department 2.

Decided May 1, 1968.

Attorney(s) appearing for the Case

Donald C. Walker, Portland, argued the cause and filed a brief for appellant.

Mitchell Crew, Portland, argued the cause for respondent. On the brief were Mercer, Anderson & Crew, Portland.

Before PERRY, C.J., and SLOAN, GOODWIN, HOLMAN and WOODRICH, JJ.

PER CURIAM.

The plaintiff, a guest passenger in defendant's automobile, brought this action to recover damages for personal injuries he received in an automobile accident. He alleged in his complaint that the accident was due to the gross negligence and the intoxication of the defendant who was operating the automobile. ORS 30.115.

The trial court withdrew from the consideration of the jury the issue of gross negligence and the jury resolved the question of...

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