Westover v. Schaffer

The opinion of the court was delivered by

Harman, C.:

This suit challenges constitutionality of our automobile guest statute (K. S. A. 8-122b).

The action was submitted to the trial court upon stipulated facts. We need state only that plaintiff, a guest passenger in an automobile driven by defendant, allegedly was injured in a collision with a utility pole as a result of defendant’s ordinary negligence. Plaintiff stipulated there was no evidence of any acts by defendant which would constitute gross and wanton negligence under the provisions of K. S. A. 8-122b. The trial court denied plaintiff’s…