Bushouse v. Brom

I am not in accord in holding that the judgment entered in the circuit court should be affirmed. This is an automobile case, tried before the court without a jury. Defendant was found liable and judgment entered accordingly. This appeal by defendant followed. The trial judge based decision upon his holding that, under the law of Virginia, where the accident happened, plaintiff was a passenger for hire, and not a guest passenger. This controlling holding was erroneous.

The parties agree that the so-called guest passenger statute of Virginia, so far as its application to the instant case is…