AYERS v. MORGAN


42 So.2d 2 (1949)

AYERS v. MORGAN.

Supreme Court of Florida, Special Division B.

Rehearing Denied September 16, 1949.


Attorney(s) appearing for the Case

Clark W. Jennings, Orlando, for appellant.

J. Thomas Gurney, Orlando, for appellee.


THOMAS, Justice.

The appellant failed in his effort to recover damages for injuries claimed to have been received when the automobile driven by the appellee, in which he was riding as appellee's guest, overturned. To prevail, it was incumbent on the plaintiff to prove that the "accident" was caused by the "gross negligence or willful and wanton misconduct" of his host. Section 320.59, Florida Statutes 1941 and F.S.A. As a basis for the evidence he had alleged in his...

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