Nehring v. Smith

On April 9, 1948, about 8 p.m., decedent, a girl nearly seventeen, was riding as a guest of defendant Gerald Smith, the driver, in his father’s automobile. While traveling west on paved primary highway 58 the Smith ear went from *228the north (right) to the south (left) side of the highway and collided with an automobile going east. Decedent’s death resulted from the collision.

In this áction against the two Smiths plaintiff-administra-trix claims the collision was caused by reckless operation of the Smith automobile within the meaning of section 321.494, Codes, 1946, 1950. Defendants’ motion to…