Thompson v. Lacey

A judgment of nonsuit, the subject of this appeal, was entered in plaintiff’s action for the death of her husband, Virgil T. Thompson, allegedly caused by the negligence or wilful misconduct of Donald Kerns in operating a car in which Thompson was riding. The administrator of the Kerns’ estate is defendant, plaintiff having dismissed the action as to defendants Kelley-Moyer Transportation Company and Charles Fogle.

The sole issues are whether Thompson was a guest or passenger in the ear being driven by Kerns when Thompson,riding therein, met his death, and, if the former, whether Kerns was…