Fields v. Altman

The only issue presented to this court is whether the allegations of the petition are sufficient to allege gross negligence against the defendants. The petition shows that the plaintiff was a guest of the defendants in the car operated by the defendants.

Ordinarily, questions of negligence, gross negligence, contributory negligence, whose negligence was the proximate cause of an injury, and related questions are for the jury alone, and the courts will decline to solve such questions on demurrer or by a decision on the general grounds of the motion for a new trial except in plain, palpable, and…