BOBBITT, J.
This case is here on transfer from the Appellate Court under Acts 1901, ch. 247, § 15, p. 565, being § 4-209, Burns' 1946 Replacement, four Judges failing to agree.
Appellee brought this action under Acts 1937, ch. 259, § 1, p. 1229, being § 47-1021, Burns' 1952 Replacement, to recover damages for the death of her daughter resulting from personal injuries sustained while a guest in an automobile driven by appellant.
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