Sayre v. Malcom

The opinion of the court was delivered by

Harvey, J.:

This is an action for damages for personal injuries sustained in an automobile casualty. Defendant’s demurrer to the *379petition was overruled, and he has appealed. The sole question before us is whether the petition states a cause of action under our statute, which reads:

“That no person who is transported by the owner or operator of a motor vehicle, as his guest, without payments for such transportation, shall have a cause of action for damages against such owner or operator for injury, death or damage, unless such injury, death or damage…