Plaintiff, a guest in defendant's automobile, sustained injuries when defendant attempted to pass a car while approaching the brow of a hill and failed to see an oncoming car until too late to avoid a collision. Although the highway was heavily crowded, defendant had been driving at a speed of sixty-five to seventy miles per hour, and had been passing cars on the straight and over hills, ignoring the protests of his passengers. Defendant appealed from verdict and judgment for plaintiff. Held, with two justices dissenting, that under the statute requiring proof of defendant's "gross negligence or wilful and wanton misconduct," the evidence was insufficient to go to the jury. Judgment reversed with directions to enter judgment for defendant. Granflaten v. Rohde, (S. D. 1938) 283 N. W. 153.
Michigan Law Review,
AUTOMOBILES - HOST-GUEST STATUTES - "GROSS NEGLIGENCE OR WILFUL AND WANTON MISCONDUCT'',
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol37/iss7/12