Smith v. Prater

This is an action for damages brought by William Curtis Prater against Charles Wilford Smith for personal injuries sustained by the plaintiff,, who was a guest passenger in an automobile driven by Smith. There was a jury verdict for $17,500.00 in favor of Prater, on which the court entered judgment and Smith appealed. Smith contends: (1) that he was not guilty of gross negligence; (2) that his gross negligence, if any, was not a proximate cause of the accident; (3) that plaintiff was guilty of contributory negligence; and, (4) that plaintiff assumed the risk involved.

There are no assignments…