Opinion
Docket No. 93, Calendar No. 39,485.
Submitted June 15, 1937.
Decided October 4, 1937.
Appeal from Wayne; Marschner (Adolph F.), J. Submitted June 15, 1937. (Docket No. 93, Calendar No. 39,485.) Decided October 4, 1937.
Case by Anna Bonk against Anthony Dibrizio for personal injuries sustained while a guest passenger in defendant's automobile. Directed verdict and judgment for defendant. Plaintiff appeals. Affirmed.
Dohany Dohany, for plaintiff.
Howard D. Brown ( Robert Jamieson and Philip N. Marentay, of counsel), for defendant.
Plaintiff is the mother of Stella Olszewski, the plaintiff in Olszewski v. Dibrizio, ante, 423 (2 N.C.C.A. [N. S.] 456), and received injuries arising out of the same accident.
The facts and questions of law being identical, the opinion in the former case holding defendant not guilty of gross negligence under the statute is controlling and decisive of the questions here presented.
1 Camp. Laws 1929, § 4648. — REPORTER.
The judgment is affirmed, with costs.
FEAD, C.J., and NORTH, WIEST, BUTZEL, BUSHNELL, SHARPE, and POTTER, JJ., concurred.