Sauer v. Scott

BECKER, Justice.

Plaintiff brings action for personal injuries received while a passenger in defendant’s automobile. In Division I he alleges he was not a guest and predicates his action on negligence; in Division II he alleges he was a guest and predicates his action on recklessness and in Division III he alleges he was a guest and predicates his action on defendant operating a motor vehicle while under the influence of intoxicating liquor. At the close of plaintiff’s evidence the court directed the verdict on Division III but submitted the allegations of Divisions I and II to the jury. The…