Lincoln v. Quick

This is an appeal from a judgment in favor of the plaintiff for damages arising from an automobile accident which occurred on July 13, 1931, while the plaintiff was riding as the guest of the defendant. At that time, section 141% of the California Vehicle Act required the plaintiff in such a case to establish intoxication, wilful misconduct or gross negligence on the part of the defendant in order to recover, and the respondent contends that gross negligence was here established.

The appellant did not appear at the trial and the only evidence as to how the accident occurred is found in the…