Smith Et Ux v. Gross

Opinion by

Parker, J.,

The plaintiffs, husband and wife, were riding as guests in an automobile owned and driven by defendant when an accident occurred and the plantiff wife was injured. At the close of plaintiffs’ case a compulsory nonsuit was granted which the court subsequently refused to remove.

There are but two questions involved, and we are all of the opinion that both should be answered in favor of the appellant. Did the plaintiffs make out a case which entitled them to go to a jury? Did the court err in striking from the record certain evidence given by the plaintiffs?

A compulsory…