Willard Ex Rel. Williard v. McCoy

Stukes, Chief Justice.

This is an action for damages for alleged wrongful death under the automobile guest statute, Sec. 46-801, Code of 1952. See Jackson v. Jackson, S. C, 108 S. E. (2d) 86, for ■quotation of it and citations of former relevant decisions; ■others may be found in the footnotes of the code and supplement.

The defendant, Charles McCoy, driving the automobile of his father and codefendant, Charlie McCoy with decedent as his guest passenger, undertook to race one Roberts in their respective automobiles on a public highway after midnight. All of the participants were young mill…