Alexander v. Corey

FOLTA, District Judge.

Plaintiff seeks to recover damages for personal injuries sustained when an automobile driven by the defendant ran off the highway and crashed into the ditch. Plaintiff alleges that he was a passenger. Defendant contends that he was a guest. Since the standard of care is the same in either case, I find it unnecessary to pass upon this contention.

The plaintiff testified that, immediately before the accident, the car was being driven on a portion of the highway which had been scraped but a short time previously; that this scraping operation, as is usual, left a ridge of…