Holberg v. McDonald

Ellis, District Judge.

In this case the plaintiff, a minor, sues to recover for personal injuries sustained while riding in the automobile of defendant as a guest of his son.

The cause is necessarily controlled by the guest statute, section 39-1129, Comp. St. Supp. 1937.

At the close of plaintiff’s evidence defendant moved for a directed verdict on the ground that the evidence failed to show gross negligence on the part of the driver of defendant’s car. This motion was overruled and at the close of all the evidence the cause was submitted to the jury who returned a verdict for the defendant.…