Chernotik v. Schrank

While riding as a “guest” of defendant “without compensation” plaintiff received severe injuries when the automobile went out of control and overturned. Her cause was submitted to a jury and verdict for plaintiff was returned. On the theory that the evidence is insufficient to establish that plaintiff’s injuries resulted from the “willful and wanton misconduct” of defendant as required by SDC 44.0362, the trial court entered judgment n. _o. v. for defendant. The plaintiff has appealed and asserts that in so doing the trial court erred.

The Chernotik and Schrank families live on farms near…