O'Hagan v. Byron

Opinion by

Rhodes, J.,

This trespass action arose out of an automobile accident in Ohio. Two questions are presented to us on appeal by plaintiff: (1) Was plaintiff a guest as that term is used in the law of Ohio? (2) Was the jury warranted in finding negligence for which defendant is responsible in damages?

At the first trial a compulsory nonsuit was granted on the ground that section 6308-6 of the General Code of Ohio, commonly known as the guest statute, precluded recovery. On plaintiff’s motion the nonsuit was removed and a new trial granted. At the second trial the jury returned a verdict…