Biddle v. Boyd

Layton, C. J.,

delivering the opinion of the Court:

Under the provisions of the statute, Chapter 26, Vol. 38, Del. Laws, Section 5713, Rev. Code 1935, one riding as a guest in an automobile has no right of action for damages resulting from injury against the host in case of accident unless such accident shall have been intentional, or caused by wilful or wanton disregard of the rights of others.

In Gallegher v. Davis, 7 W. W. Harr. (37 Del.) 380,183 A. 620, this Court held that, under the statute, negligence, as that term is properly understood in law, is eliminated as a basis of liability. This…