Tucker v. Landucci

Defendant Bertha Alice Landucci, hereinafter called defendant, appeals from a judgment entered upon a jury verdict in favor of plaintiff, in an action to recover for personal injuries sustained when plaintiff was riding in an automobile driven by defendant. Plaintiff bases her action on two separate theories: (1) that she was a passenger for consideration in defendant’s automobile; and (2) that defendant was guilty of wilful misconduct. Defendant, although conceding her simple negligence, contends that the evidence is insufficient to support a recovery upon either theory. For reasons…