Usselton v. Carvey
Usselton v. Carvey
Opinion of the Court
The question presented is whether the driving of the truck by defendant in the dark without lights for a short distance at a speed of between five and ten miles an hour, under the circumstances above described, was wilful misconduct within the meaning of that term as used in the guest statute.
The term, “wilful misconduct,” as construed in Tighe, a Minor, v. Diamond, 149 Ohio St., 520, 80 N. E. (2d), 122, “im
A careful review of all the evidence fails tp disclose any substantial evidence tending to prove wilful misconduct on the part of defendant, and the trial court was in error in overruling defendant’s motion for judgment notwithstanding the verdict. Helleren, Admx., v. Dixon, 152 Ohio St., 40, 86 N. E. (2d), 777.
The judgment is reversed and final judgment is rendered for defendant.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.