Peak v. Fripp

The opinion of the Court was delivered by

Mr. Justice Baker.

On the night of October 7, 1938, appellant’s intestate was riding as a guest in the automobile of respondent, driven by respondent’s son, and while so riding received injuries from which he died on October 13, 1938.

An action was brought by appellant in his representative capacity under the “guest statute,” Section 5908 of the Code of 1932, for the wrongful death of his intestate.

On a trial of the case, and at the conclusion of plaintiff-appellant’s testimony, the presiding Judge granted respondent’s motion for a nonsuit on the ground:…