Wentzel v. Huebner

The paramount contention of the defendant in this action, brought under SDC 44.0362, commonly referred to as the guest statute, is that the evidence, considered most favorably from plaintiff’s viewpoint, falls to establish “willful and wanton misconduct” on the part of defendant. The case was submitted to the jury and a substantial verdict for plaintiff was returned. The stated contention was raised below by a motion for a directed verdict made at the close of plaintiff’s evidence, and renewed at the close of the evidence, and by motions for a judgment n. o. v. and for a new trial.

The father…