Opinion
No. 6628.
April 6, 1939.
APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. A.O. Sutton, Judge.
Action for negligence. Trial court sustained general demurrer to the complaint. Affirmed.
Maurice H. Green and Karl Paine, for Appellant.
Geo. H. Smith, H.B. Thompson and L.H. Anderson, for Respondents.
This is a companion case to Whiffin v. Union Pacific Railroad Company et al., 60 Idaho 141, 89 P.2d 540, the only difference being that herein Mrs. Evans was a guest in the automobile. No separate briefs were filed or assignments of error furnished, and, counsel being willing to let this case rest entirely upon the disposition of Whiffin v. Union Pacific Railroad Company et al., we are likewise, indicating nothing in regard to any points that might have been raised for or against appellant herein as a guest.
Upon the authority of Whiffin v. Union Pacific Railroad Company et al., ante, p. 141, 89 P.2d 540, the judgment is affirmed.
Costs awarded to respondents.
Ailshie, C.J., and Budge, J., concur.
For the reasons stated in my dissenting opinion in Whiffin v. Union Pacific Railroad Company et al., ante, p. 141, 89 P.2d 540, I dissent from the decision in this case.
Justice Holden concurs in this dissent.