Dinardi v. Herook

In the evening of February 19, 1946, the plaintiff, then a young unmarried woman, was called for by the defendant who was operating his father’s automobile. The defendant took the plaintiff, his own brother, and another young woman to a dance hall in Reading, at which they arrived about half past eight. They left the dance hall about eleven o’clock, when a heavy wet snow was falling. After a lunch in Stoneham, they left to drive the plaintiff home. She was a gratuitous passenger, or guest, of the defendant.

When the automobile left Stoneham, the defendant was driving at a speed of thirty-five…