Poutre v. Saunders

Defendants appeal from a judgment against them for personal injuries and property damage arising out of an automobile accident.

It should be stated at the outset that this case will be considered and determined on the theory presented by the pleadings and the trial court’s instructions, which were that respondent must necessarily have been either (1) engaged in a joint adventure with appellant or (2) an invited guest or licensee in appellant’s automobile, without payment for transportation; and, in order to recover, respondent must prove that she came within the former category.

There is…