Pennix v. Winton

Plaintiff sued to recover damages for personal injuries sustained while riding as a guest of defendant in defendant’s automobile. The complaint was in two counts. It was alleged in both counts that defendant, while operating his automobile in the vicinity of Market and Valencia Streets in San Francisco, collided with a parked ear and thereby caused plaintiff’s injuries. The first count was based upon the alleged intoxication of defendant. The second count was based upon the alleged wilful misconduct of defendant as follows: “that knowing that he was in a drowsy condition and knowing that he…