Ingerick v. Mess

(after stating the facts as above).

A motion for a directed verdict for the defendant based on the ground that the plaintiff was a guest to whom no duty to provide safe tires was owed was overruled, and the exception then taken has been argued as one ground for reversal of the judgment. The position of the defendant in this respeet rests upon the assumption that he did not know that the tires were dangerous. This is untenable on the evidence, and so we need not consider what duty the defendant would have owed his guest, for we agree that the plaintiff was his guest on this trip, had the…