New Jersey Fidelity & Plate Glass Ins. v. McGillis

LEWIS, Circuit Judge.

Charles W. McGillis and wife and Joe Goldstein and wife, all of Salt Lake City, went on an automobile trip to the northwest in Mr. McGillis’ ear, the two latter being guests of the two first named. McGillis drove the car about two-thirds of the time, and at his request Mr. Goldstein would now and then take the wheel and relieve him. While Goldstein was driving at McGillis’ request in the late evening on the return trip, the car, then traveling about 34 miles per hour, left the roadway, ran into a telegraph pole and Mrs. Goldstein received personal injuries. She sued…