Opinion
April 18, 1949.
Present — Nolan, P.J., Johnston, Sneed, Wenzel and MacCrate, JJ. [See post, p. 846.]
In an action to recover damages for personal injuries sustained by appellants while riding in an automobile owned and operated by respondent, judgment dismissing the complaint on the merits, on respondent's motion, at the end of the entire case, unanimously affirmed, with costs. The accident occurred in the State of Virginia. In our opinion the proof was insufficient as a matter of law to establish that appellants were other than guests in respondent's automobile, or that respondent was guilty of gross negligence or willful and wanton disregard of the safety of appellants, within the meaning of the Virginia statute limiting recovery by guests transported without payment. (Mitchie's Unofficial Code of Virginia, § 2154 [232].)