Smith v. Clute

This is a suit for personal injuries. The question presented for decision is whether a statute of the State of Montana, permitting a guest to sue only for gross negligence, precludes recovery here.

The plaintiff, the defendant and their two companions, all teachers at the same school, decided to take an automobile trip to California. After discussion, the route to be traversed was agreed upon, and it was also agreed that the expenses of the operation of the car, for gasoline, oil and other incidental expenses, should be borne equally by all four. Each member of the party contributed $10.50,…