Howse v. Weinrich

The opinion of the court was delivered by

Burch, J.:

The action was one by a guest for damages for injuries sustained in an automobile accident occasioned by the fault of his host. A demurrer to the petition was sustained in part and overruled in part, and both parties appeal.

Defendant invited plaintiff to ride in defendant’s automobile from Wellington, Kan., to Alva, Oída. The journey was begun, and defendant drove the car in a careful manner and at a reasonable rate of speed. Relying on continued careful operation of the car, plaintiff permitted himself to fall asleep, and continued to sleep…