O'DONNELL v. Mullaney

This is an appeal on a settled statement of facts (rule 7, Cal. Rules of Court) from a judgment entered on a jury verdict in favor of defendants in a wrongful death case. The trial court refused to give instructions on negligence, and ruled that the California guest law (§ 17158 of the Veh. Code) applied, and instructed that plaintiffs could recover only upon a finding of willful misconduct. The sole question presented is whether the guest law is applicable to an accident on a private roadway as distinguished from a public highway.

Decedent, whose mother and stepfather are plaintiffs in this…