Baldwin v. Hill

Plaintiffs-appellants, Patricia Spracher Baldwin and Betty Lou Mernatti, were injured while riding as passengers in an automobile driven by defendant-appellee, John L. Hill. The automobile was owned by Betty Mernattis father. The injured girls each brought suit against the driver, Hill. The cases were consolidated for trial. The District Judge held, as a matter of law, that plaintiffs were guest passengers of the defendant. He, accordingly, instructed the jury that they were required to prove that defendant was guilty of gross negligence or wilful and wanton misconduct (C.L.Mich.1948, § 257.401, M.S.A. § 9.2101 [Pub.Acts 1949, No. 300]). The jury returned a verdict of no cause for action against both plaintiffs. These appeals followed, that of Mernatti challenging the applicability of the Michigan "guest passenger statute" to her case, and that of Baldwin raising a question of trial practice. The accident happened in Michigan, and its law controls this diversity action.