Castelli v. Padeni

This action of tort to recover compensation for injuries sustained by the plaintiff while riding as a guest in an automobile operated by the defendant was brought in a district court. The defendant requested rulings to the effect that the evidence did not warrant a finding that he was guilty of gross negligence, and that the finding must be for him. The trial judge refused to rule as requested, found for the plaintiff and made certain specific findings of fact. There was a report to the Appellate Division, which decided that there was prejudicial error in the refusal of the judge to rule as…