Montgomery v. Ross

Reuben Montgomery brought this action in the dis trict court for Lancaster County against Leroy Ross. It is a tort action based on alleged negligent conduct of defendant in driving his car while plaintiff was a guest therein, which conduct, it is alleged, caused the car to be in an accident and resulted in plaintiff being seriously injured. After both parties had rested defendant moved the court to dismiss plaintiff’s cause of action. This motion was based on several grounds, including the following: “That the evidence is insufficient to establish gross negligence upon the part of the…