Brown v. Bryant

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 of the defendant the court set aside the verdict and granted a new trial. Plaintiff appeals.

The accident occurred when the defendant, in making a…