Foale v. Linsky

An action on the case for personal injuries alleged to have been received by plaintiff while he was riding in defendant’s automobile, which was being driven and operated by defendant’s son. A jury returned a verdict in favor of plaintiff and assessed his damages at the sum of $1,800, but at the suggestion of the trial judge plaintiff remitted $500. A motion by defendant for judgment non obstante veredicto was overruled; also a motion to set aside the verdict. Judgment was entered for the sum of $1,300 and defendant has appealed.

Defendant contends that “plaintiff was a ‘guest’ within the…