Borgert v. SPURLING

This is an appeal by the defendant, Stanley G. Spurling, from a judgment for the plaintiff in an action against Spurling and two others to recover damages for personal injuries sustained in an automobile accident. The question for decision is whether the defendant Spurling was entitled to a directed verdict.

The facts of the case are as follows: On the night of August 1, 1948, the plaintiff, Ned Borgert, and six others — four young men and two young women — were returning to their homes from a dance, traveling in a 1935 Ford sedan which was owned and driven by Don Potterf, one of the party. At…