Mullaney v. White

This action of tort is brought to recover for personal injuries sustained by the plaintiff while riding as a guest in an automobile owned and operated by the defendant. After a verdict for the plaintiff the trial judge, subject to the plaintiff’s exception, entered a verdict for the defendant under leave reserved. The only question is whether the evidence warranted a finding of gross negligence.

The plaintiff testified in substance as follows: On August 4, 1948, she rode with the defendant in his automobile from Brockton to Boston, where they spent the evening with a friend. As they were…