Berg v. Mengore

This is an action to recover damages for injuries sustained by plaintiff in an automobile accident. The jury returned a verdict in favor of defendant and plaintiff appeals.

Plaintiff lived in Oregon City and defendant lived in Sweet Home, Oregon. They had been good friends for some nine years and remained so at the time of trial. They planned to go to a circus performance in Portland, and defendant was driving to Oregon City to meet plaintiff. Defendant’s car ran out of gasoline some four miles south of Oregon City on Highway 99E. Plaintiff picked defendant up and they went to the circus.…