Lawrence J. Thieman v. Donald Johnson

GARDNER, Chief Judge.

This was an action brought to recover damages for personal injuries allegedly caused by the gross negligence, willful misconduct and intoxication of the appel-lee in the handling of his automobile. The accident happened in North Dakota and appellant at the time of receiving his injuries was the guest of appellee. The parties will be referred to as they appeared in the trial court.

Defendant answered admitting the accident, but generally denied the allegations of negligence, proximate cause and damages, and pleaded the North Dakota guest statute verbatim and asserted as…