Owens v. White

Nichols, Judge.

Special grounds numbered 1, 2, 3, 4, 6 and 8 of the amended motion for new trial all assigned error on the instructions to the jury dealing with the plaintiff’s “status” in the defendant’s automobile at the time of the collision. The jury was instructed to determine whether the plaintiff occupied the “status” of an invitee (in which event he could only recover for gross negligence), or the “status” of a passenger for hire (in which event he would be owed the duty of ordinary care). The plaintiff contends that a finding was demanded that he occupied the “status” of a passenger…