Szemkus v. Petrila

The plaintiff, riding as a guest in an automobile owned and operated by the defendant, sustained personal injuries as the result of the automobile’s hitting a tree at the side of the highway. The plaintiff seeks to recover damages on the ground of the gross negligence of the defendant in operating the automobile. The defendant’s motion for a directed verdict was denied, subject to the defendant's exception, and there was a verdict for the plaintiff.

The only question now in controversy is whether the evidence warranted a finding of gross negligence on the part of the defendant. Such a finding…