McGuire v. Pearson

OPINION

STANLEY, District Judge.

This suit was brought by the plaintiff, administratrix of the estate of her deceased son, to recover damages for his death as a result of a one-car automobile accident in Albuquerque, New Mexico, the deceased being a passenger in a car driven by the defendant. Upon conclusion of plaintiff’s case before a jury, the district court directed a verdict for the defendant upon the grounds that there was insufficient evidence under the Guest Statute to submit the case to the jury. The plaintiff appeals.

We must determine if the proof presented by plaintiff when viewed in…