Neuser v. Britto

Appellant, the plaintiff below, has appealed from a judgment entered in favor of respondent upon the granting of the latter’s motion for a nonsuit in an action in which she sought to recover damages for personal injuries received as a result of a collision allegedly caused by his negligence while she was riding in a vehicle operated by him.

No claim is made that respondent was intoxicated or that he engaged in wilful misconduct. The sole issue is whether the evidence reflects that at the time of the accident appellant was as a matter of law a guest in respondent’s vehicle; or, as it may be…