Lucas v. Lindner

I think the case presents testimony from which a jury could fairly find negligence, plus the wilfulness and wantonness required by the guest act (1 Comp. Laws 1929, § 4648).

Two hours before the accident the parties turned off the main highway to a gravel road. It had been raining. The roadbed was soft and slippery. Shortly after turning off the main road they drove down a hill, at the bottom of which was a red lantern to mark a washout. Plaintiff called defendant Carl Lindner's attention to it. Shortly thereafter defendant approached a turn in the road at a speed of 30 to 35 miles per hour,…