Provost v. Worrall

Defendant appeals from a judgment on jury verdicts granting plaintiff Dolores $2,000 and plaintiff George $250 and from the order granting new trial on damages alone.

Questions Pbesented

1. Were plaintiffs under Washington law guests or passengers for pay in defendant’s car?

2. Was contributory negligence an issue?

3. Alleged errors in exclusion of defendant’s reason for trip.

4. Was new trial on issue of damages only, an abuse of discretion ?

Facts

Plaintiff George and defendant were both on active duty in the United States Marine Corps and were stationed at Bremerton, Washington, sleeping in the…