WHITMAN v. COOK

AUTOMOBILES AND MOTOR VEHICLES, § 166.3 — action by guest, propriety of new trial. In action by automobile guest against host for injuries sustained when car being driven 50 to 55 miles per hour ran off the shoulder and overturned, lower court did not abuse its discretion in granting new trial after verdict for defendant, and defendant's instructions which concluded by stating that under certain circumstances jury should find defendant not guilty, were improper.

Opinion by PRESIDING JUSTICE WOLFE.

"Not to be published in full." Opinion filed June 28, 1940.