Alexander Franzoni v. Geno Ravenna

• Citation: 163 A. 564,105 Vt. 64
• Parties: ALEXANDER FRANZONI v. GENO RAVENNA ET AL
• Decision Date: 04 January 1933
• Court: United States State Supreme Court of Vermont

163 A. 564

105 Vt. 64

ALEXANDER FRANZONI v. GENO RAVENNA ET AL

Supreme Court of Vermont

January 4, 1933

Special Term at Rutland, November, 1932.

Automobiles---"Gross Negligence"---Insufficiency of Evidence To Establish Gross Negligence.

1. "Gross negligence" for which guest may recover against automobile driver is higher in degree and more culpable than ordinary negligence, and amounts to failure to exercise slight degree of care.

2. In

ACTION OF TORT for negligence against driver of automobile by guest for colliding with approaching truck, although such driver may have been careless in getting his car into ruts he had chosen, or in attempts to force it out of them, and should have stopped his car in sufficient time to avoid collision held that, it appearing that he was trying to avoid accident but made mistake or series of them, and there being nothing in record to indicate indifference to his duty to guests or utter forgetfulness of their safety, evidence was insufficient to establish gross negligence.

ACTION OF TORT for negligence against driver of car, in which plaintiff was riding as guest, and driver of truck with which it collided, plaintiff claiming gross negligence on part of former and negligence on part of latter. Trial by jury at the March Term, 1932, Rutland County, Davis, J., presiding. Verdict for defendant Peterson, the driver of truck, and against defendant Ravenna, the driver of the automobile in which the plaintiff was riding, and judgment on verdicts. Defendant Ravenna excepted. The opinion states the case.

Judgment reversed, and judgment for the defendant to recover his costs.

Fenton, Wing, Morse & Jeffords for the defendant Ravenna.

Jones & Jones for the plaintiff.

Present: POWERS, C. J., SLACK, MOULTON, THOMPSON, and GRAHAM, JJ.

OPINION

POWERS

Ravenna's automobile, in which Franzoni was riding as a gratuitous guest, collided with a truck driven by Peterson. Franzoni was hurt, and he brought this suit against both Ravenna and Peterson, claiming a recovery against the former on the ground of gross negligence, and against the latter on the ground of ordinary negligence. A trial by jury resulted in a verdict for Peterson and against Ravenna. The latter excepted, and the only question relied upon in this Court arises from the ruling of the court refusing to grant Ravenna's motion for a verdict.

The accident happened on the morning of March 10, 1931, on the highway between Center Rutland and Proctor. The road was deeply rutted, and the walls of the ruts were frozen. Ravenna was driving his car, the plaintiff sat on the front seat with him, and three other passengers were riding on...