Anderson v. Anderson

The opinion of the court was delivered by

Smith, J.:

This was an action to recover damages for injuries sustained when plaintiff was injured by the overturning of an automobile in which she was a passenger. Judgment was for plaintiff. Defendant appeals.

Since plaintiff was a passenger in the car and is suing the driver, the case comes under the provisions of R. S. 1933 Supp. 8-122b, commonly known as the automobile guest statute. In order for her to recover she must establish that the driver of the car was guilty of gross and wanton negligence.

The petition alleged that on the day in question…