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GETCHELL v. REILLY

242 Or. 263 (1965)

409 P.2d 327

GETCHELL v. REILLY

Supreme Court of Oregon.

Reargued October 28, 1965.

Reversed and remanded December 22, 1965.

Attorney(s) appearing for the Case

Burl L. Green, Portland, argued the cause for appellant. With him on the briefs were Green, Richardson, Green & Griswold, Portland.

George Hibbard, Oregon City, argued the cause for respondent. On the brief were Paul D. Schultz, and Hibbard, Jacobs, Caldwell & Kincart, Oregon City.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, GOODWIN, DENECKE, HOLMAN and LUSK, Justices.

REVERSED AND REMANDED.

GOODWIN, J.

Plaintiff, contending that he was not a guest passenger,1 appeals a judgment for the defendant following an involuntary nonsuit.

On the night of March 2, 1963, plaintiff, defendant, and several other persons were together in a tavern near Newberg, Oregon. Plaintiff and defendant were close friends. All the persons in the group except plaintiff decided to go smelt fishing the following...

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