TERRELL, Justice.
Plaintiff instituted this suit against defendant to recover damages for personal injuries under the guest statute, Chapter 320.59, F.S.A. A motion to dismiss the amended complaint was granted on the theory that it showed a mere error of judgment on the part of defendant, whose guest the plaintiff was and that gross negligence was not shown. Final judgment was entered for defendant and the plaintiff appealed.
The only point for determination is whether or not the complaint stated a cause of action under the guest statute.
A majority of the court have reached the conclusion that this question requires an affirmative answer and being so, the judgment appealed from should be reversed on authority of Dexter v. Green, Fla. 1951, 55 So.2d 548, and Bridges v. Speer, Fla., 79 So.2d 679, decided May 13, 1955, headnotes 5, 6 and 7. It should not be overlooked that gross negligence in such cases is a question for the jury.
Reversed.
DREW, C.J., and THOMAS, HOBSON, ROBERTS and THORNAL, JJ., concur.
SEBRING, J., dissents.