O'Malley v. Jegabbi

Respondent in this case claims injuries received while riding as a gratuitous guest in a motor vehicle owned and operated by appellant on Vermont highway Route 22-A on January 28, 1953. (The laws of the jurisdiction where the accident occurs govern the liability of the defendant [Smith v. Clute, 277 N. Y. 407].) The Vermont guest statute (Vermont Stats. Ann. [1959], tit. 23, § 1491) saves appellant harmless if he were guilty of just ordinary negligence, requiring for liability, gross or willful negligence on the part of the operator.

“ 1491. Liability of operators to guest occupants

“ The owner…