Bortle v. Osborne

Alleging that the death of Joseph A. Bortle resulted from an automobile accident caused by the gross negligence of the host, the administratrix of the estate of the decedent instituted this action for the recovery of damages from the estate of the tort-feasor (who died prior to the commencement of the action) and from the tort-feasor’s widow. Upon motion of the defendants, at the close of the plaintiff’s case, judgment of dismissal was entered, the court holding that gross negligence creating liability under the host-guest rule was not shown and that the right of action did not survive the…