Plaintiff was one of a party of three young married couples riding to a birthday party at a nearby night club in defendant's automobile. No previous arrangement concerning expense sharing had been made, but upon getting into the automobile plaintiff proposed to pay her share and defendant informed her that he would let her know the amount when they returned. En route, defendant ran into another car, and plaintiff sued to recover for injuries sustained. There was no charge that defendant was guilty of wilful or wanton misconduct. No payment had ever been made to defendant for the expenses of the trip. Held, that plaintiff was a guest under the Ohio guest statute and defendant was not liable in the absence of wilful or wanton misconduct. Plaintiff's proposal to pay for her share of the gasoline and oil did not constitute payment for the transportation so as to change her status as a guest. Duncan v. Hutchinson, 139 Ohio St. 185, 39 N. E. (2d) 140 (1942).
Edward P. Dwyer, Jr.,
AUTOMOBILES - GUEST STATUTES - PROPOSAL TO SHARE EXPENSES OF SOCIAL TRIP,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol41/iss1/10