TONGUE, Justice.
This is an action for personal injuries sustained by plaintiff while riding as a passenger in defendant's automobile. The case was tried before a jury. Plaintiff appeals from an adverse judgment. We affirm.
Plaintiff contends that the trial court erred in refusing to hold as a matter of law that plaintiff was not a "guest without payment" within the meaning of ORS 30.115 and in submitting that question to the jury.
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