Herring v. Coose

Action was brought by Paul Herring and his wife, Susan, to recover damages for injuries received by Mrs. Herring as a passenger in an autmobile operated by Judith G. Coose. Based upon the pleadings and depositions of the parties and Richard Coose, husband of defendant, motions for summary judgment were filed, first by defendant, then by plaintiffs. The latters motion was denied and defendants granted, summary judgment being entered in her favor. Plaintiffs have appealed, arguing that Mrs. Herring was in fact a paying passenger within the meaning of § 31-233, W.S. 1957, and that therefore the decision of the district court should be reversed and a trial had on the question of defendants negligence.