Dirks Ex Rel. Dirks v. Gates Ex Rel. Gates

The opinion of the court was delivered by

Robb, J.:

This is an appeal from a final judgment in favor of a guest against the host driver of an automobile within the purview of G. S. 1949, 8-122b.

The guest, appellee, will be referred to as plaintiff and the host driver, appellant, as defendant. There is no question concerning the pleadings and they will not be summarized except to say they show the action to be within .the purview of the commonly termed guest statute (G. S. 1949, 8-122b) whereby plaintiff not only must allege but must prove that her “. . . action for damages . . . for injury . .…