Bacon ex rel. Bacon v. Werner

The opinion of the court was delivered by

Kaul, J.:

This is an appeal by a host driver defendant from a judgment recovered by a guest passenger plaintiff. The judgment was rendered on a jury finding of gross and wanton negligence. The principal contention is that the evidence is insufficient to warrant a finding of gross and wanton negligence.

The automobile accident, which gave rise to this litigation, occurred about 2:15 a. m. on February 2, 1968, on a north-south road known as South Clifton Street, in the eastern part of Wichita.

Plaintiff and defendant were roommates in the barracks at the…