Perry v. Schmitt

The opinion of the court was delivered by

Wertz, J.:

This is an action brought under the provisions of the guest statute (G. S. 1949, 8-122b) by plaintiff (appellee), Carlos Perry, against defendant (appellant), Terry Lee Schmitt, to recover damages for personal injuries sustained by plaintiff while riding in an automobile driven by defendant.

Plaintiff’s petition alleged that defendant was guilty of certain enumerated acts of gross and wanton negligence which were the proximate cause of his injuries. Defendant’s answer denied the allegations and alleged that plaintiff voluntarily participated…