Walker v. Adamson

SHENK, J.

This is an appeal by the defendant from a judgment for the plaintiff in an action for damages arising out of an automobile accident. It is companion to the case of

McCann

v.

Hoffman,

S. F. No. 15802

(ante,

p. 279 [70 Pac. (2d) 909]), this day decided. Both cases involve the question of what constitutes compensation within the meaning of the so-called “guest” law of this state. (See. 141%, Stats. 1931, p. 1693, now sec. 403, Vehicle Code.)

The plaintiff’s injuries were sustained when the automobile driven by the defendant skidded on wet pavement while the parties were on a trip to Lake, Tahoe. The undisputed evidence was that the plaintiff, Dr. May E. Walker, and the

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defendant, Stella H. Adamson, about the year 1925 became business associates. They acquired real property near Mt. Diablo. They also purchased real property at Lake Tahoe, the improvements on which were two main houses and guest cottages. These houses were rented in the summer-time, and the proceeds were divided equally. The expense of repairs and upkeep was also shared equally. The two made several trips together each year to the property to supervise construction, repair and opening of the houses for the rental season. Bach owned an automobile. On these trips it was their custom to alternate the use of their cars. Concededly the trip in question, started on May 26, 1934, was for the purpose of taking hardware and other material to carpenters who were then engaged in constructing a guest cottage, also for the purpose of supervising construction and repairs and the renting of the property. Mrs. Adamson drove her own automobile. At the commencement of the trip Dr. Walker gave Mrs. Adamson $50 to be used for the purpose of defraying expenses of the trip.

There is no contention that the defendant’s acts amounted to wilful misconduct. The question then to be considered is whether the plaintiff was riding as a guest or as a passenger.

The discussion and the authorities cited in the opinion in the case of