Jennifer Langdon-Davies v. Marjorie A‪.‬

The single question of this appeal is the sufficiency of the plaintiff-passenger's evidence to establish gross negligence
on the part of the defendant-driver, as required by the provisions of our guest passenger statute, 23 V.S.A. § 1491.
The issue was raised during the trial by defendant's motions for a directed verdict at the close of plaintiff's case and at
the end of all of the evidence, and, after verdict, by defendant's motion for judgment notwithstanding the verdict. The plaintiff and a Miss Judith Loewe were riding with the defendant on the front seat of the defendant's car as she was
driving from Wells to Poultney on Route 30 on June 30, 1959. At 7:15 P.M., with the weather clear, the blacktop pavement dry
and visibility good, the defendant's car, travelling at about 40 miles per hour in an area where the legal maximum of fifty
miles per hour applied, reached the middle of a rather sharp left-hand turn. At this point the defendant heard a noise as
of small stones against her fender and abruptly applied her brakes, whereupon the car, travelling about fifty feet, spun almost
completely around and out of control and then tipped over onto its right side. The plaintiff's right arm was pinned under
the overturned car, causing the injuries for which she seeks recovery. The evidence discloses that the occupants of the car
were engaged in general conversation as they travelled from Wells; that the defendant, up until the time she applied her brakes
in the midst of the curve, had not diminished speed in negotiating the turn; and that the car, in going around the curve,
passed at least partially off the right edge of the pavement onto the shoulder. At the time of the accident there was no traffic
on the road from either direction. The defendant was acknowledged to be a capable driver of about four years experience, but
was not particularly familiar with this highway.