Mitzel v. Hauck

This is an action for personal injuries suffered by plaintiff riding in a motor vehicle owned and driven by defendant while on a dbck hunting trip. At the time of the accident both parties were seventeen years of age; they appeared in the action by guardians ad litem. At the dose of plaintiff’s case, the trial court directed a verdict for defendant for the reason plaintiff had not shown defendant’s conduct was wilful and wanton as required by SDC 44.0362. The five young men in the hunting party discussed the trip Sunday noon and, as plaintiff has urged that he was not a guest within the terms…