Rogers v. Saye

106 Ga. App. 453 (1962)

127 S.E.2d 161

ROGERS

v.

SAYE et al.

39426.

Court of Appeals of Georgia.

Decided July 13, 1962.

Rehearing Denied July 31, 1962.

James Barrow, for plaintiff in error.

Erwin, Birchmore & Epting, Eugene A. Epting, contra.

HALL, Judge.

1. With reference to the right to recover for ordinary negligence the court charged the jury that "Where a share-the-expense ride in a motor vehicle is prearranged by a legally enforceable agreement, such a situation makes the passenger a passenger for hire and not a guest, and requires ordinary care." The evidence did not authorize a finding that there…