PETERSON v. WINN

No. 9064.

373 P.2d 925 (1962)

Boyd PETERSON, Plaintiff-Appellant, v. Jesse WINN, Defendant-Respondent.

Supreme Court of Idaho.

August 6, 1962.


Attorney(s) appearing for the Case

Gus Carr Anderson, Pocatello, for appellant.

Hugh C. Maguire, Jr., Pocatello, for respondent.


McFADDEN, Justice.

Decisive of the issues presented by this appeal is the answer to the question whether the owner of an automobile, injured while riding in it by the driver's negligence is a "guest without payment for such transportation", within the meaning of I.C. § 49-1401, which provides:

"No person transported by the owner or operator of a motor vehicle as his guest without payment for such transportation shall have a cause for damages against...

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