Spivey's Adm'r v. Hackworth

Opinion op the Court by

Stanley, Commissioner—

Affirming.

This is an action against a host for the death of his gnest in an automobile. The verdict and judgment were for the defendant. The judgment would have to be reversed for erroneous forms of instructions but for our opinion that the court should have directed a verdict for the defendant.

The administrator, as plaintiff, proceeded warily with his proof. He established that the decedent, Arnold Spivey, had been home from the Army about ten days and that he, his brother, and a friend were in the automobile owned and operated by the defendant,…