Callow v. Thomas

The plaintiff and the defendant were married in this Commonwealth on August 6, 1944, and thereafter lived together here as husband and wife. On November 9, 1944, while riding as a “gratuitous passenger” in an automobile owned and operated by the defendant, the *551plaintiff was injured when the automobile, due to the gross negligence of the defendant, ran into a tree. The plaintiff was in the exercise of due care. The accident occurred on a public way in this Commonwealth and the defendant’s automobile was registered in accordance with the laws thereof. On June 28, 1945, upon the petition of the…