Whitmore v. French

37 Cal.2d 744 (1951) ARTHUR M. WHITMORE et al., Respondents,

v.

HOWARD W. FRENCH et al., Appellants.

L. A. No. 21928. Supreme Court of California. In Bank.

Sept. 4, 1951. Thomas P. Menzies, Harold L. Watt and James O. White for Appellants.

Parker, Stanbury, Reese & McGee and White McGee, Jr., for Respondents.

GIBSON, C.J.

Plaintiffs, husband and wife, brought this action to recover damages for personal injuries sustained by them in an accident in Yosemite National Park while they were riding in an automobile owned by defendants, Mr. and Mrs. French, and driven by Mr. French. The jury returned a verdict for plaintiffs, and defendants have appealed from the judgment.

The sole question to be decided is whether the trial court erred in refusing to give instructions requested by defendants as to their liability under section 403 of the Vehicle Code, [fn. *] commonly known as the "guest law." [1] It is clear that the statute is operative within Yosemite National Park, which is located entirely within the State of California. Congress has provided that in an action to recover for personal injuries sustained in a national park "the rights of the parties shall be governed by the laws of the state within the exterior boundaries of which it may be." (16 U.S.C.A. 457.) There was no evidence that the accident resulted from the intoxication or wilful misconduct of the driver, and accordingly, we must determine whether the evidence established as a matter of law that plaintiffs gave compensation for the transportation furnished them by defendants. [746]

The parties, who had been friends for many years, were taking an extended vacation trip from Missouri to the Pacific Coast. They visited the Royal Gorge in Colorado and other places of interest, and on the sixth day they had reached Yosemite National Park where the accident occurred. They had planned to go to Lake Tahoe and Oregon before returning home. In making arrangements for the trip, the parties agreed that they would be accompanied by defendants' two sons, 12 and 14 years old, that defendants would furnish the car, and that each couple would contribute an equal amount to a common fund, out of which all expenses, such as gasoline, oil, meals, lodging, and sightseeing, would be paid. Each couple put $100 into the common fund as an initial contribution. Mr. French did all of the driving, and Mr. Whitmore procured maps and made suggestions as to the route to be followed.