Jenson v. Spencer

Plaintiff brought this action under the guest passenger statute for injuries sustained while riding in an automobile driven by defendant. The trial court granted a judgment of involuntary nonsuit and plaintiff appeals. We reverse.

Plaintiff alleged that the defendant was grossly negligent and was operating his vehicle “under some influence of intoxicating liquor,” and also alleged that the defendant was guilty of ordinary negligence. By the latter allegation the plaintiff attempted to raise the constitutionality nf our guest statute, ORS 30.115. ① We have held in Duerst v. Limbocker, 269 Or…