Morse v. Walker

I concur in the well-considered opinion written for the Court by J ustice Denny that the evidence shows the plaintiffs on this occasion were not “guests without payment” for the transportation, within the meaning of the Virginia statute, and that plaintiffs were entitled to go to the jury on the issue of ordinary negligence.

However, while it thus becomes immaterial on this appeal, I desire to express my disagreement with the statement in the opinion that, in the absence of such showing as to the status of the plaintiffs in relation to the transportation, the evidence was insufficient to be…