TERRELL, Justice.
Appellant brought this action against appellee to recover damages for personal injuries under the guest statute, Section 320.59, F.S.A. There was an answer to the complaint to which defendant admitted the accident but denied that he was driving the car at the time it occurred. The case came on for trial and counsel for the plaintiff made his opening statement to the jury. The defendant moved to dismiss on the ground that the facts set out in the...
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