O'Rorke v. John Day, Oregon, Lodge 1824

This is an action under the “Dram Shop” statute, ORS 30.730,① by plaintiff for the recovery of damages *535for the death of her spouse. The jury returned a verdict in favor of defendants. Plaintiff appeals.

John Peter O’Rorke, the deceased, was discovered dead in a motel room on March 7, 1971. His blood-alcohol level was .30 percent grams per hundred milliliters. This high alcohol level was the major contributing factor of his death.

The following events occurred prior to O’Rorke’s death. On Friday, March 5, 1971, at about 5 p.m., the deceased purchased two bottles of beer at Austin Junction while…