118 Cal. App. 2d 126 | Cal. Ct. App. | 1953
Plaintiff-appellant Kohle brought action against defendant-respondent Sinnett to recover damages for personal injuries which appellant sustained when respondent’s automobile in which plaintiff was riding, and which was being driven by respondent, left the road and plunged over an embankment. Appellent alleged that his status in the automobile at that time was that of a passenger. Respondent, answering, took the position that appellant was his guest. A jury brought in a verdict for respondent and from the judgment entered thereon this appeal is taken.
The accident happened August 23, 1950. Appellant, a resident of Redding, California, and others with him, owned certain timber lands near the town of Ruth in Trinity County. He had first met respondent in the preceding June. Respondent’s occupation was that of a logging contractor and he was engaged in that business near Mount Shasta in Siskiyou County. Early in August one Wilson became interested in purchasing appellant’s timber land and asked him to recommend a good logger, as Wilson wanted to find out, before he bought the land, what it would cost to log it. Appellant suggested respondent Sinnett. Wilson talked to respondent over the telephone and made tentative arrangements to meet him later. Accordingly, about a week thereafter, Wilson called respondent and asked him to meet with him at Ruth, look over appellant’s timber land, and give him a logging estimate. Wilson also asked respondent to pick up appellant as respondent drove through Redding and bring him to Ruth
Appellant contends that as a matter of law he was a passenger in respondent’s car when he received his injuries and therefore says it was error for the trial court to instruct the jury on the subject of guest-passenger relationships and the differing standards of care applicable in each. The contention is without merit. It was a question of fact for the jury to determine as to whether appellant was guest or passenger and the court with propriety submitted that issue to the jury under appropriate instructions, the correctness of which is not questioned on this appeal. It is true that each of these two men was interested in going from Redding to Ruth and dealing with Wilson there, but. their interests were several and there was no necessary connection between them which rendered the presence of appellant such a matter of concern to respondent as to make appellant his passenger as a matter of law. The jury could infer that while respondent did in a sense ask appellant to accompany him on the trip, he did so at the request of Wilson, which request he merely passed on to appellant, offering appellant at the same time the accommodation of respondent’s car to make the trip to meet Wilson. This is not, we may assume, the only inference that may be drawn from the facts, but it is a permissible inference and that is enough. As the trial court instructed the jury: “A guest is one who is invited, either expressly or impliedly, to enjoy the hospitality of the driver of a vehicle; who accepts such hospitality; and who takes a ride ... on his own business, without making any return to, or conferring any benefit upon' the driver of the vehicle as
Appellant contends that the trial court committed prejudicial error in striking out certain testimony given by the Justice of the Peace of Weaverville Township concerning an alleged plea of guilty entered by respondent in response to a citation for a violation of section 510 of the Vehicle Code. The following occurred: On cross-examination respondent was asked if he had pleaded guilty to a charge of excessive speed in the justice’s court. He replied in the negative. Thereafter appellant’s counsel called the justice of the peace as a witness. He testified that on October 11, 1950, the respondent came before him to answer to a charge of excessive speed in violation of section 510 of the Vehicle Code. We now quote from the transcript: “Q. What was that plea? A. Well, in the exact words, I don’t believe I remember. I have had a good many pleas since then but it was in the effect of ‘guilty.’ The man paid his fine. ... It was some time after the citation had come into the court before Mr. Sinnett, I believe was his name, was able to come down here. He was in Weed, I believe, and he wrote me and asked for an extension of time, which I granted. And finally when he did come down on October 11th—his trial was set for October 18th and he was here a few days ahead of time and
The judgment appealed from is affirmed.
Peek, J., and Sehottky, J., concurred.
Appellant’s petition for a hearing by the Supreme Court was denied July 22, 1953. Carter, J., was of the opinion that the petition should be granted.