Salmon v. Miller

This action was commenced by decedent’s wife as personal representative, to recover those items of damage allowed under ORS 30.075. ① Decedent was injured while riding as a guest in defendant’s automobile. The amended complaint alleged gross negligence on the part of the defendant. A subsequent motion for leave to file amended pleadings, ■ through which plaintiff intended to add a count alleging simple negligence, was denied by the court at the close of the evidence. The trial judge directed a verdict in favor of defendant. Plaintiff appeals.

Plaintiff presents two arguments on appeal. First,…