Max H. Katz and Ida Katz v. Herman E. Ross

McLAUGHLIN, Circuit Judge.

In this personal injury automobile negligence suit the principal issue is whether as a matter of law the appellees were guests or passengers without payment for transportation within the meaning of the Florida Guest Statute. 1

The accident, which is the basis of the controversy, occurred January 2, 1951 near New Smyrna Beach, Florida. In December of 1950, prior to leaving for Florida, appellant was a resident of Zanesville, Ohio and appellees of Pittsburgh, Pennsylvania. Appellee, Max H. Katz, is a brother of appellant’s wife, and an employee of a corporation…