Mazza v. Kelly

The action below was brought by appellant against appellee for damages for personal injury arising out of an automobile accident. Appellant was conceded to be a guest being transported without payment in the automobile driven by appellee. Trial was had by jury and after the appellant rested his case in chief the defendant-appellee filed a written motion for a directed verdict, which motion the court sustained. The court thereupon instructed the jury accordingly and the jury returned its verdict for appellee. This appeal followed.

Plaintiff-appellant’s complaint alleged that the injuries…