Sylvia v. Helfer

This is an action for damages for personal injuries arising out of a one-ear accident in which plaintiff was an occupant of a vehicle owned and operated by defendant’s decedent Jesse Heifer, who was killed in the accident.

The proceedings in the trial court resulted in a verdict for plaintiff. Defendant filed a motion for judgment notwithstanding the verdict. The trial court granted the motion and dismissed plaintiff’s complaint. The sole question upon appeal is whether there was sufficient evidence to make a jury question as to whether plaintiff was a paying passenger under the provisions of…