Perkins v. Gardner

This is an action of tort to recover damages for injuries sustained by the plaintiff while riding in an automobile operated by the defendant. The declaration was in two counts for the same cause of action. The first count alleged that the plaintiff was a passenger for a valuable consideration and that the defendant was liable to him for ordinary negligence. The second count alleged that the plaintiff was a gratuitous guest of the defendant and that the defendant was liable to him for gross negligence. The answer was a general denial and contributory negligence.

The case was referred to an…