Wolfe v. Marks

The evening of December 19, 1933, plaintiff and her husband were guests of defendant, riding with him in his automobile when there was a blowout of the left rear tire, the car upset, plaintiff was injured and brought this suit to recover damages. Plaintiff had verdict for $9,000 and judgment, by ordered reduction, for $7,000, and defendant reviews by appeal.

Being a guest, plaintiff could recover damages only upon showing that the accident was occasioned by reason of defendant’s gross negligence or wilful and wanton misconduct. 1 Comp. Laws 1929, § 4648.

Defendant claims there was an absence of…