Illian v. McManaman

This is an action for damages under the guest statute arising as a result of an automobile accident. The trial court sustained a motion for summary judgment and dismissed the petition. Plaintiff appeals. ' We reverse the judgment of the trial court and remand.

Plaintiff alleged in her petition that on June 23, 1951, at 1:30 a. m., she was a passenger and guest in defendant’s automobile; and that defendant drove his car into a ditch and a bank resulting in personal injuries to her. She alleged defendant’s gross negligence in the following particulars: (a) Operating at an excessive rate of speed…