Barnes v. Barnes, Adm'r.

This is an action for personal injuries growing out of an automobile accident, brought by James W. Barnes against the estate of his deceased brother J. Ellyson Barnes.

The motion for judgment alleged that plaintiff was a guest in the car owned and operated by defendant’s decedent at the time of the accident and that defendant’s decedent was guilty of “gross and wilful and wanton conduct” in the operation of the car which caused the accident in which defendant’s decedent was killed and the plaintiff injured.

The case proceeded to trial before a jury. At the conclusion of plaintiff’s evidence…