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HAMPTON v. PAGE

No. 102294; CA 10524.

587 P.2d 113 (1978)

37 Or.App. 347

Howard HAMPTON, Appellant, v. Bryce PAGE, Respondent.

Court of Appeals of Oregon.

Decided December 4, 1978.

Attorney(s) appearing for the Case

Jerome F. Bischoff, Eugene, argued the cause for appellant. With him on the brief was Doblie, Bischoff & Murray, Eugene.

James C. Tait, Oregon City, argued the cause for respondent. With him on the brief was Hibbard, Caldwell, Canning, Bowerman & Schultz, Oregon City.

Before SCHWAB, C.J., and JOHNSON, GILLETTE and ROBERTS, JJ.

JOHNSON, Judge.

Plaintiff appeals the trial court's decision granting a directed verdict for defendant on the grounds that plaintiff was a guest passenger under ORS 30.115 and had failed to prove that defendant had acted intentionally, or with gross negligence, or was intoxicated as required by that statute. ORS 30.115 in pertinent part provides:

"No person transported by the owner or operator of a motor vehicle, * * * as his guest without payment for such...

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