Dorn v. Village of North Olmsted, No. 26668.

• Court: United States State Supreme Court of Ohio
• Writing for the Court: MYERS
• Citation: 14 N.E.2d 11,133 Ohio St. 375
• Decision Date: 23 March 1938
• Docket Number: No. 26668.
• Parties: DORN v. VILLAGE OF NORTH OLMSTED.

133 Ohio St. 375
14 N.E.2d 11

DORN
v.
VILLAGE OF NORTH OLMSTED.

No. 26668.

Supreme Court of Ohio.

March 23, 1938.

Appeal from Court of Appeals, Cuyahoga County.

Action by Frederick W. Dorn, as administrator of the estate of William Wilkinson, deceased, against the Village of North Olmsted and Frank D. Morris, for intestate's death resulting from injuries sustained while riding in an automobile operated by last-named defendant. From a judgment for plaintiff, last-named defendant appealed to the Court of Appeals, which reversed a judgment, and a motion to certify the record to the Supreme Court was filed by last-named defendant and a cross-motion to certify was filed by the plaintiff.-[Editorial Statement.]

Judgment affirmed, and cause remanded.

[14 N.E.2d 11]

Syllabus by the Court.

1. Where a person is invited to get into a motor vehicle by the driver thereof for the sole purpose of pointing out to the latter the location of a certain house a short distance away, and where the ride is wholly incidental to the purpose of showing the driver the location of such house, the driver owes to such person the duty of exercising ordinary care in the operation of such motor vehicle.

2. Such an invitee riding in a motor vehicle under such circumstances is not a guest

[14 N.E.2d 12]

within the purview of section 6308-6, General Code.

3. In such a situation the law of negligence applicable before the enactment of section 6308-6, General Code, known as the guest statute, still governs.

4. Within the meaning of section 6308-6, General Code, a guest is one who is invited, either directly or by implication, to enjoy the hospitality of the driver of a motor vehicle, who accepts such hospitality and takes a ride either for his own pleasure or on his business without making any return to or conferring any benefit upon the driver of the motor vehicle other than the mere pleasure of his company.

This was an action for wrongful death and damage to the estate of William Wilkinson. It was filed in the court of common pleas of Cuyahoga county against Frank D. Morris and the village of North Olmsted.

It appears that on the afternoon of the accident the defendant Morris decided to drive to the home of a man by the name of Herbert Shindler, on a matter of personal business. Not knowing exactly where Shindler lived, Morris stopped at the village drug store to inquire of the druggist respecting the locality of Shindler's residence. The druggist at the time was busy and the defendant stepped outside where Wilkinson and another man, by the name of Pat Alford, were standing. Morris was acquainted with both of these men. He asked them if they could tell him where Herbert Shindler lived. Upon receiving an affirmative reply, the defendant said, ‘Boys, come along with me, and show me where it is.’ They said ‘All right,’ and got in defendant's car.

Thereafter, while defendant was driving westwardly on Lorain road and approaching the Shindler residence, his automobile was struck from behind by a bus owned by the village of North Olmsted, and in this collision Wilkinson received injuries from which he subsequently died. The petition of the plaintiff charged acts of negligence against both the defendant Morris and the driver of the bus owned by the village of North Olmsted.

The jury returned a verdict for the plaintiff, Frederick W. Dorn, as administrator of the estate of William Wilkinson, deceased, in the sum of $5,000 against the defendant Frank D. Morris. There was no verdict against the village of North Olmsted.

A stipulation had been entered into between counsel for all parties that if the jury found for the plaintiff, the amount of the judgment should be fixed at $2,000. After the verdict the court of common pleas entered judgment for the plaintiff against the defendant Morris for the sum of $2,000.

Thereafter the cause was taken to the Court of Appeals by the defendant, Frank D. Morris, where the judgment of the court of common pleas was reversed on the ground that it was manifestly against the weight of the evidence.

A motion to certify the record to this court for review was filed by the defendant, Morris, who contends the Court of Appeals should have entered final judgment in his favor. A cross-motion to certify was filed by the plaintiff. Both motions were allowed.

Squire, Sanders & Dempsey, of Cleveland, for appellant Frank D. morris.

Sayre, Vail & Dorn, of Cleveland, for appellee.

MYERS, Judge.

What new legal relationship, if any, was created between the defendant Morris and Wilkinson by reason of the latter getting into the defendant's automobile for the purpose of pointing out to the defendant where a certain man by the name of Shindler lived? Plaintiff, as the administrator of the estate of Wilkinson, contends that Wilkinson was a passenger for compensation, while the defendant contends that he was a guest within the meaning

[14 N.E.2d 13]

of section 6308-6, General Code, generally referred to as the guest statute of Ohio.

The Court of Appeals reversed the judgment of the court of common pleas on the weight of the evidence. But Morris, hereinafter referred to as the defendant, urges that the appellate tribunal should have gone further and rendered final judgment in his favor on the ground that Wilkinson was a...