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McNABB v. DeLAUNAY ET AL

223 Or. 468 (1960)

354 P.2d 290

McNABB v. DeLAUNAY ET AL

Supreme Court of Oregon.

Affirmed July 20, 1960.

Petition for rehearing denied September 6, 1960.

Attorney(s) appearing for the Case

Clifford B. Olsen, Portland, argued the cause for appellant. With him on the brief were Anderson, Franklin & Jones, Portland.

Cleveland C. Cory, Portland, argued the cause for respondent DeLaunay. With him on the brief were Clarence R. Wicks and Hart, Rockwood, Davies, Biggs and Strayer, Portland.

Roland F. Banks, Portland, argued the cause for respondent Perkins. With him on the brief were Gordon Moore and Mautz, Souther, Spaulding, Denecke & Kinsey, Portland.

Before McALLISTER, Chief Justice, and ROSSMAN, WARNER, PERRY, SLOAN, O'CONNELL and GOODWIN, Justices.

AFFIRMED.

GOODWIN, J.

Plaintiff appeals from a judgment upon a directed verdict in favor of both defendants in an action for damages for personal injuries. Plaintiff was the guest passenger of the defendant DeLaunay when the auto which he was operating collided with a dump truck operated by the defendant Perkins.

In order to prevail it was necessary for plaintiff to prove that DeLaunay was guilty of gross negligence...

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