McGowan v. Camp

One riding by invitation and gratuitously in another’s automobile cannot recover for injury caused by the other’s negligence in operating the automobile unless it amounts to gross negligence. Our Code defines gross negligence in these terms: “Slight diligence is that degree of care which every man of common sense, howsoever inattentive he may be, exercises under the same or similar circumstances . . the absence of such care is termed gross negligence.” Code, § 105-203. Ordinary negligence, gross negligence, and contributory negligence are questions of fact and not of law and are, as a.rule,…