Roger B. Todd, North Bend, argued the cause for appellant. On the brief were Flaxel, Todd & Flaxel, North Bend.
John Foss, Coos Bay, argued the cause for respondents. With him on the brief were McKeown, Newhouse & Johansen, Coos Bay.
En Banc. McALLISTER, C. J., and Rossman, Perry, Sloan, O'connell, Goodwin and Denecke, JJ. Sloan, J., dissents.
ROSSMAN, Justice. This is an appeal by the plaintiff, George K. Chard, from a judgment which the circuit court entered in favor of the three defendants after it had sustained a motion made by them for an order of involuntary nonsuit. The action was based upon our automobile guest statute. ORS 30.115. The plaintiff swore that he was a guest in the car which brought about his injuries and which was driven at that time by the defendant, Gloria Snell. The car was owned by the mother and stepfather of Miss Snell and was a family use vehicle.
The accident occurred November 15, 1962, at about 5 to 6 p. m. A drizzling rain was falling and the visibility was poor. Cars were burning their lights at that time, including the two that were involved in the accident -- the Snell car and the Anthony car with which it collided. The place of the accident was about eight miles south of Coos Bay at the intersection of
Oregon State Highway No. 42 and a county road known as Delmar Road. The state highway, which has four lanes and is hard-surfaced, lies north and south; Delmar Road is a two lane gravel road lying east and west. The car driven by the defendant, Miss Snell, and in which the plaintiff was riding as a nonpaying guest was proceeding in an easterly direction on Delmar Road approaching the intersection of that road with the state highway when the accident occurred At the moment when the Snell car entered the intersection the Anthony car, proceeding south in the most westerly ...