Fullerton v. White

This is an action for personal injuries sustained by plaintiff while riding as a passenger in defendant’s automobile. The case was tried before a jury. Plaintiff appeals from an adverse judgment. We affirm.

Plaintiff contends that the trial court erred in refusing to hold as a matter of law that plaintiff was not a “guest without payment” within the meaning of ORS 30.115 and in submitting that question to the jury.

Because payment for gasoline was provided for a trip not previously planned by defendant, but undertaken by her at plaintiff’s request, this case presents questions never before…