Toliver v. Rostin

Plaintiff recovered a judgment for damages against the defendant for negligence in driving a car while intoxicated and thus causing the death of her intestate who was her husband and alleged to be a guest of the defendant. Defendant appealed.

Toliver and Rostin lived in Omaha and had been friends for years. Toliver was a barber and Rostin, who had been a barber, was engaged in the hail insurance business, which gave him considerable leisure time. On Tuesday, January 22, 1929, they went out to a place on the Platte river, 20 miles or more from Omaha, ostensibly to hunt, but apparently for such…