Duncan Ex Rel. Duncan v. Lowe

In this law action plaintiff seeks to recover damages for personal injuries received while riding in an automobile that was being operated by defendant. Admittedly plaintiff was so riding as a guest by invitation of defendant. By reason of that fact defendant was not liable for any damages sustained by plaintiff unless same were caused as a result of defendant being under the influence of intoxicating liquor or because of reckless operation by defendant of the motor vehicle. Section 5026-bl, Code 1931. The question of intoxicating liquor is not involved. Plaintiff’s case is based on the claim…