Cluts v. Peterson

This litigation involves our guest statute. The meaning of the law is pretty well established by our decisions but difficulty is often encountered in its application. That is the problem in this case.

Plaintiff was injured while riding in defendant’s 1956 Ford Thunderbird Coupe, driven by the defendant. The accident happened on October 28,. 1958, about 8 or 9 miles west of Watertown, South Dakota, on Highway #212 at about 11 p.m. His complaint alleges that on the oc'casion in question his status was that of a passenger and that the conduct of defendant, which caused his injuries, was willful…