Burhans v. Witbeck

These 2 cases were consolidated for trial and appeal. Suit is for injuries sustained by the respective plaintiffs in an automobile accident. When it occurred, plaintiff Kathie Ann Burhans was 5 years of age and her sister, plaintiff Betty Lou Burhans, was 7. From jury verdict of no cause for action and judgment thereon in both cases, plaintiffs appeal.

Error is assigned on submission of the case by the court to the jury on the included theory of possible applicability of the guest passenger act (CLS 1961, § 257.401 [Stat Ann 1960 Rev §9.2101]), with instructions that, if the jury should find…