Munsell v. Gardner

In 1931, the legislature provided that the owner or operator of a motor vehicle should not be liable for damages to a guest unless the damage was caused by the gross negligence of the owner or operator. Comp. St. Supp. 1937, sec. 39-1129.

This legislature did not define gross negligence. This court in Morris v. Erskine, 124 Neb. 754, 248 N. W. 96, defined the term and outlined the function of courts and juries in the following language:

“We are of the opinion that in adopting the guest act the legislature used the term ‘gross negligence’ as indicating a degree of negligence. Negligence may be…