BIRMELIN v. GIST

No. 33790.

162 Ohio St. 98 (1954)

BIRMELIN, ADMX., APPELLEE AND CROSS-APPELLANT, v. GIST, ADMX., APPELLANT AND CROSS-APPELLEE.

Supreme Court of Ohio.

Decided June 30, 1954.


Attorney(s) appearing for the Case

Mr. Joseph A. Bayer and Mr. William Calhoun, for appellee.

Messrs. Long, Anderson & Green and Mr. Collis Gundy Lane, for appellant.


STEWART, J.

The basis for defendant's claim that she was entitled to a directed verdict in the trial court is that Marfia was a guest of Gist, the owner and operator of the automobile in which such decedent was riding when she met her death, and that, therefore, defendant is not liable for the damages arising from Marfia's death. Accordingly, other than the question as to willful or wanton misconduct, there are presented to us two questions: One, whether the conversation...

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