Winkelstein v. Solitare

The opinion of the court was delivered by

Heher, J.

There was a judgment for defendant in this action in tort for negligence; and plaintiffs appeal.

The agreed state of the case discloses this factual situation : On October 18th, 1940, at about 1:30 A. M., defendant drove his automobile to the home of a friend resident in Atlantic City to join his wife, a guest therein, and convey her home. He offered the same service to several other guests, and they accepted. He took the operator’s seat. His wife sat beside him; and his sister-in-law, Ann Solitare, “not a member of the defendant’s family or…