O'NEILL v. Henke

This is an action where plaintiff, a guest passenger, seeks to recover damages resulting from a collision of a motor vehicle, driven by defendant, with a truck on a highway. The right to recover is based on alleged gross negligence of the host driver under the civil liability provisions of section 39-740, R. R. S. 1943. At the conclusion of all the evidence the trial court sustained a motion of the defendant to dismiss on the ground that the evidence would not sustain a finding of gross negligence.

Plaintiff appeals.

We reverse the judgment of the trial court and remand the cause.

The evidence…