Opinion
No. 31248
Decided May 19, 1948.
Motor vehicles — Guest-passenger injured in public garage — Guest statute — Section 8308-6, General Code — Applies to operating vehicle in private or public place.
APPEAL from the Court of Appeals for Franklin county.
Plaintiff was a guest-passenger in an automobile which the operator thereof temporarily stored or parked in defendant's garage. Plaintiff had left a package in the automobile. She returned to the garage to get the package and was advised that the automobile had already been removed to a distant part of the garage. After some conversation, she was directed to enter another automobile, operated by a garage attendant, to be transported to a point nearer the automobile containing the desired package. During plaintiff's transportation within the garage, the automobile in which she was riding collided with a part of an elevator, and the plaintiff was hurt.
She brought an action for damages against the defendant grounded solely on its negligence. An answer and reply were filed and the cause came on for hearing before the court and a jury. At the close of all the evidence, defendant renewed its motion for a directed verdict, which was sustained by the trial court, and judgment was entered for the defendant.
Such judgment was affirmed upon appeal to the Court of Appeals.
The cause is now before this court for review on its merits because of the allowance of a motion to require the Court of Appeals to certify its record.
Messrs. Cowan Adams and Mr. Russ. Bothwell, for appellant.
Mr. Collis Gundy Lane, for appellee.
In our opinion the facts of this case make applicable herein the provisions of Section 6308-6, General Code, known generally as the "guest statute," which relieves the owner, operator or a person responsible for the operation of a motor vehicle from all liability for the injury or death of a gratuitous guest being transported in such motor vehicle resulting from the operation thereof, unless such injury or death is caused by wilful or wanton misconduct in the operation of the vehicle. This court held in the cases of Kitchens v. Duffield, ante, 500, that the "guest statute" in its existing form applies when the particular motor vehicle involved is being operated on either a private or public way or avenue of travel.
The judgment of the Court of Appeals herein is therefore affirmed on authority of the cases above cited.
Judgment affirmed.
WEYGANDT, C.J., MATTHIAS, HART, ZIMMERMAN, SOHNGEN and STEWART, JJ., concur.
TURNER, J., not participating.