Kurz v. Kuhn

We shall dismiss without further consideration the claim made by the defendants that the plaintiff and the defendant Kuhn were engaged in a joint enterprise. That matter is fully discussed in Sommerfield v. Flury, ante, p. 163, 223 N. W. 408, decided herewith. Under the doctrine laid down in that case the relation between Kurz and Kuhn was that of guest and host.

There was a square conflict in the testimony, and a finding by a jury either for or against the plaintiff would have to be sustained. This is not a case where a standard of care has been prescribed either by statute or decision. What…