Grim v. Moore

Hatcher, Judge:

Plaintiff, an infant and a guest in an automobile which wrecked, recovered a judgment of $5,000.00 for injuries suffered thereby, against the estate of the person operating the automobile.

The wreck occurred in Virginia, and plaintiff’s right of recovery is subject to the laws of that state. Clise v. Prunty, 108 W. Va. 635, 152 S. E. 201. In Virginia, only gross negligence makes the operator of a car liable for guest injuries. Wood v. Shrewsbury, 117 W. Va. 569, 571, 186 S. E. 294. The defendant contends that his decedent was guiltless of gross negligence as a matter of law;…