Quigley v. Roath

This action was brought under the Idaho guest statute (9 Idaho Code Ann., § 49-1401) to recover damages for injuries suffered as a result of an automobile accident which occurred in the state of Idaho. Plaintiff was one of three occupants of defendant’s automobile. The others were defendant and Don Wheatley. Wheatley was driving the automobile as defendant’s servant at the time of the accident. The pleadings and proof raised an issue of fact as to whether plaintiff was a guest or a paying passenger at the time of the accident. Defendant raised the defense of assumption of risk. Defendant…