Brewer v. Mattern

JONES, Circuit Judge.

This is another guest statute case. From a verdict and judgment for the plaintiff, and order denying defendant’s motion for judgment notwithstanding the verdict, or, in the alternative, for a new trial, the defendant appeals.

Defendant’s first assignment of error is based on his contention that the evidence is insufficient to establish wilful and wanton misconduct on the part of the defendant.

The one-car accident occurred shortly before midnight on April 1, 1967 on a graveled township road between Mitchell and Loomis in Davison County that was being used as a detour. In…