Attorney(s) appearing for the Case
Donald C. Walker, Portland, argued the cause and filed briefs for appellant.
Mitchell Crew, Portland, argued the cause for respondent. On the brief were Mercer, Anderson & Crew.
Before McALLISTER, Chief Justice, and O'CONNELL, GOODWIN, DENECKE and LUSK, Justices.
Supreme Court of Oregon.
AFFIRMED.
LUSK, J.
Plaintiff, a guest passenger in an automobile driven by the defendant, sued the defendant to recover damages for personal injuries arising out of an accident which the plaintiff alleged was caused by the defendant's gross negligence and intoxication: ORS 30.115. On the trial the court took from the jury the charges of gross negligence and submitted only the question of intoxication. The jury returned a verdict for the plaintiff. On motion...
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