310 P.2d 306 (Or. 1957), Grahn v. Northwest Sport, Inc.

Citation:310 P.2d 306, 210 Or. 249
Opinion Judge:LUSK, J.
Party Name:Merdena A. GRAHN, Appellant, v. NORTHWEST SPORT, Inc., a corporation, Respondent.
Attorney:Francis Yunker argued the cause for appellant. On the brief were Yunker, Fewless & Hannam, Portland. Edward L. Fitzgibbon, Portland, argued the cause for respondent. With him on the brief were Black, Kendall & Fain, Portland.
Case Date:April 24, 1957
Court:Supreme Court of Oregon
 
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310 P.2d 306 (Or. 1957)

210 Or. 249

Merdena A. GRAHN, Appellant,

v.

NORTHWEST SPORT, Inc., a corporation, Respondent.

Supreme Court of Oregon, Department 2.

April 24, 1957

Argued and Submitted March 21, 1957.

Page 307

[210 Or. 250] Francis Yunker, Portland, for appellant. On the brief were Yunker, Fewless & Hannam, Portland.

Edward L. Fitzgibbon, Portland, for respondent. With him on the brief were Black, Kendall & Fain, Portland.

Before LUSK, P. J., and ROSSMAN, WARNER, and KESTER, JJ.

LUSK, Justice.

Plaintiff, Merdena A. Grahn, was seriously injured when she was hit by a racing automobile driven by one Jerry Watts on a race track operated by the defendant, Northwest Sport, Inc. She brought this action against the defendant to recover damages for her injuries. The circuit court allowed a motion by the defendant for judgment of involuntary nonsuit, and plaintiff has appealed, assigning such ruling as error.

The plaintiff and her husband were followers of the sport of automobile racing. On the afternoon of Sunday July 9, 1950, they went to the defendant's race track at the invitation of their friend, Paul Hendricks, who was the owner with Art Lombardi of a new racing [210 Or. 251] car, to watch Hendricks try out the car. No races were held on that day. In the party were also Mr. Lombardi, Harry H. Walters, mechanic for Hendricks and Lombardi, Mrs. Walters, and the two children of Mr. and Mrs. Grahn. They arrived at the track early in the afternoon, and the plaintiff with her family went into the grandstand and there remained until about 6:00 o'clock watching the Hendricks and several other cars 'practicing,' as it is called, and occasionally during that time looking at motorcycle races which were going on at an adjoining track. There were about 100 people in the grandstand. About 6:00 o'clock, the practice sessions being over, the plaintiff, with her family, left the grandstand and went down onto the race track. Others did likewise, and some 25 or 30 people were gathered in more or less of a group on the track when the accident occurred. The plaintiff and her husband and two children were standing on the track inside the crash rail, a low, heavily constructed barrier at the outer edge of the track. The plaintiff was

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leaning against the crash rail. While they were there the Hendricks car, which was parked in the infield, was driven onto the track by Watts, who had obtained permission to do so from Hendricks and Lombardi. He...

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