Nangle v. Northern Pacific Ry. Co. Et Al‪.‬

Personal Injuries ? Action for Death ? Automobile Accident ? Liability of Driver for Injuries Sustained by Guest ? Statutes and Statutory Construction ? Appeal and Error ? Non-suit ? Directed Verdict. Personal Injuries ? Action for Death ? Automobile Accident ? Liability of Driver or Owner to Guest. 1. By the enactment of Chapter 195, Laws of 1931, owners and operators of automobiles are relieved from liability for injuries to their guests proximately caused by the drivers ordinary negligence in their operation; if the negligence was gross or the operation of the car reckless, the owner or operator is liable for the consequent injuries to the guest. Same ? When Liability Attaches Under Automobile Guest Statute. 2. Irrespective of the meaning attributable to the terms "grossly negligent" or "reckless operation" of an automobile within the meaning of Chapter 195, supra, where the conduct of the driver resulting in injury to his guest was something more than ordinary negligence, i.e., absence of ordinary and reasonable care, ? liability attaches. Same ? Negligence ? "Ordinary and Reasonable Care" ? Definition. 3. Ordinary and reasonable care is that degree of care which prudent persons in the circumstances of the case would be likely to have exercised. Statutes and Statutory Construction ? Title of Act Indicative of Legislative Intent. 4. The title of an Act is indicative of the legislative intent in passing it. Trial ? Non-suit ? Directed Verdict ? Appeal and Error ? How Evidence of Opposite Party to be Viewed. 5. On motion for non-suit or directed verdict, the evidence must be viewed from the standpoint most favorable to plaintiff, every fact to be deemed proved which the evidence tends to prove, and no case should ever be withdrawn from the jury when reasonable men might draw different conclusions therefrom.