Smith v. Laflar

The judgment in favor of plaintiff on former appeal was reversed for the reason that there was no evidence that plaintiff had paid to defendant anything for his transportation at time of injury and, as a guest, could not recover under section 55-1209, Oregon Code 1930, unless it be shown that “such accident shall have been intentional on the part of said owner or operator or eaused by his gross negligence or intoxication or his reckless disregard of the rights of others”. After dismissing the first action, plaintiff instituted a second one charging the defendant with gross negligence in the…