Berlin v. Berens

This is another case under our guest statute — SDC 44.0362. The car in which plaintiff was riding as a guest was owned by the defendant Clyde Turner. It was being driven by the defendant Peter Berens when involved in an accident which caused serious personal injuries to the plaintiff. This action seeks recovery for those injuries. At the close of plaintiff’s case the court, on motion of the defendants, dismissed the complaint as to the defendant Turner and directed the jury to return a verdict in favor of the defendant Berens. The trial judge was of the view that the plaintiff as a matter of…