Moore v. Kondziela

Thomas Leroy Moore was killed in an automobile accident while riding as a guest of Kenneth Stanley Kondziela. The ad-ministratrix of the estate of the deceased brought action against Kondziela alleging gross negligence, apparently to avoid operation of Wyoming’s guest statute. Upon trial to a jury the verdict and judgment were for defendant. Plaintiff has appealed.

The principal ground for appeal is that the trial court erred in giving Instruction 14 to the jury over plaintiff’s objection. It reads as follows:

“You are instructed that this is a guest case, that Tom Moore was a guest in Kenneth…