Cross v. Foster

As a passenger in an automobile driven by defendant-appellee, the plaintiff-appellant sought damages for injuries received when the automobile was involved in an accident.

Following the trial and the jury’s return of a directed verdict, judgment in favor of defendant was entered and plaintiff appeals posing three questions: (1) Was plaintiff a guest or a passenger for hire ? (2) If plaintiff was a guest passenger, was defendant guilty of gross negligence? and (3) Did plaintiff assume the risk involved?

A summary of plaintiff’s testimony is that at about 3:30 a. m., of the day of the accident,…