Rogers v. Saye

Hall, Judge.

With reference to the right to recover for ordinary negligence the court charged the jury that “Where a share-the-expense ride in a motor vehicle is prearranged by a legally enforceable agreement, such a situation makes the passenger a passenger for hire and not a guest, and requires ordinary care.” The evidence did not authorize a finding that there was a prearrangement, either express or implied, of a duty on the part of the deceased to share the expenses of the fatal trip. There was no express promise to do- so nor any facts from which an implied obligation could be inferred.…