Kaufman v. Fisher

This action is brought against the administratrix of the estate of John Fisher, deceased, to recover damages for injuries suffered by plaintiff while riding in an automobile owned and operated by the decedent, whom we shall refer to as Fisher. At the close of plaintiff’s case defendant moved for an order of involuntary nonsuit which was allowed and from which plaintiff appeals.

The questions presented upon appeal are, (1) whether there was sufficient evidence to establish that plaintiff was a paying passenger and thus not within the guest statute, ORS 30.110, and (2), assuming that OBS 30.110…