Nault v. Smith

We deal here with the construction of the guest statute (Veh. Code, §17158). We find no error in the trial court’s granting of a nonsuit as to appellant’s 1 first count upon his opening statement because of his failure to state that he would prove that respondents received compensation for the ride during which appellant incurred injury. Nor do we find error in the court’s rejection of appellant’s instructions on his second count that respondents’ false assumption that appellant possessed a license would constitute consideration to respondents for the ride. As to the third cause, however, we…