Smith v. Axtman

The sole question for decision is whether there was any evidence of gross negligence on the part of the defendant in driving an automobile in which the plaintiff, who was riding as the defendant’s guest, was injured.

The evidence which bears directly upon the defendant’s conduct at the time of the accident places the plaintiff, the defendant and one LaRochelle on the front seat of the defendant’s automobile on Columbus Avenue, in Boston, early on a December morning. It was just beginning to get light, and the street lights were not lighted. Near Ruggles Street the defendant “stepped on the…