Gummere v. Mudd

Chappell, District Judge.

Plaintiff sued his host for damages because of personal injuries suffered in an automobile accident. He appeals because at the conclusion of his evidence, upon motion of defendant, the trial court dismissed his case upon the theory that, as a matter of law, all the facts thus established did not amount to gross negligence within the meaning of the guest statute, section 39-1129, Comp. St. Supp. 1931.

His petition alleg-es that when defendant reached state highway No. 16, a well improved and important highway in excellent condition of repair, defendant accelerated the…