Hennigar v. Van Every

In the trial court plaintiff in error was plaintiff and defendant in error was defendant. We shall refer to the parties as they there appeared, or by name.

Plaintiff brought this action to recover damages for the alleged wrongful death of her husband resulting from an automobile accident. It is conceded that plaintiff’s husband was a guest in defendant’s 1951 Cadillac automobile at the time he met his death on November 4, 1956. Defendant’s answer set up the guest statute, C.R.S. ’53, 13-9-1, and other defenses, not here urged. At the close of all the testimony in the case the trial court…