Alice L. Powers v. Earl H. Lackey

[1, 2] There is no concrete rule by which the existence of gross negligence can be determined, for each case must be Judged according to its own facts. Rich v. Hall, 107 Vt. 455, 459, 181 Atl. 113; Hall v. Royce, 109 Vt. 99, 104, 192 Atl. 193. When, as here, the question arises upon the defendants motion for directed verdict in an action based upon the provisions of P. L. 5113, the test is whether his conduct in the given situation was such that it can reasonably be inferred that it was the result of an indifference to his duty to his guest or an utter forgetfulness of the latters safety. Franzoni v. Ravenna, 105 Vt. 64, 66, 163 Atl. 564; Anderson v. Olson, 106 Vt. 70, 72, 169 Atl. 781.