Kohle v. Sinnett

VAN DYKE, P. J. Plaintiff-appellant Kohle brought action against defendant-respondent Sinnett to recover damages for personal injuries which appellant sustained when respondent’s automobile in which plaintiff was riding, and which was being driven by respondent, left the road and plunged over an embankment. Appellent alleged that his status in the automobile at that time was that of a passenger. Respondent, answering, took the position that appellant was his guest. A jury brought in a verdict for respondent and from the judgment entered thereon this appeal is taken.

The accident happened August 23, 1950. Appellant, a resident of Redding, California, and others with him, owned certain timber lands near the town of Ruth in Trinity County. He had first met respondent in the preceding June. Respondent’s occupation was that of a logging contractor and he was engaged in that business near Mount Shasta in Siskiyou County. Early in August one Wilson became interested in purchasing appellant’s timber land and asked him to recommend a good logger, as Wilson wanted to find out, before he bought the land, what it would cost to log it. Appellant suggested respondent Sinnett. Wilson talked to respondent over the telephone and made tentative arrangements to meet him later. Accordingly, about a week thereafter, Wilson called respondent and asked him to meet with him at Ruth, look over appellant’s timber land, and give him a logging estimate. Wilson also asked respondent to pick up appellant as respondent drove through Redding and bring him to Ruth [128]so he could point out the boundary lines of the property. Respondent agreed to do so and accordingly called appellant on the phone, told him about the request of Wilson and the proposed meeting at Ruth on the next day, and asked him to go. Appellant agreed and on the next morning the two men journeyed to Ruth in respondent’s pickup truck. They met Wilson and drove to the land they had come to see. As they drove along, appellant pointed out his boundaries and the men made various stops to look over the ground. After the inspection trip respondent gave to Wilson his estimate of logging costs which was so high that Wilson at once refused to buy appellant’s property. The accident happened within a mile of Weaverville while the two men were returning to Redding. There is evidence that conflicts with the foregoing statement of facts, but under the well-recognized rule we must disregard such conflicts.

Appellant contends that as a matter of law he was a passenger in respondent’s car when he received his injuries and therefore says it was error for the trial court to instruct the jury on the subject of guest-passenger relationships and the differing standards of care applicable in each. The contention is without merit. It was a question of fact for the jury to determine as to whether appellant was guest or passenger and the court with propriety submitted that issue to the jury under appropriate instructions, the correctness of which is not questioned on this appeal. It is true that each of these two men was interested in going from Redding to Ruth and dealing with Wilson there, but. their interests were several and there was no necessary connection between them which rendered the presence of appellant such a matter of concern to respondent as to make appellant his passenger as a matter of law. The jury could infer that while respondent did in a sense ask appellant to accompany him on the trip, he did so at the request of Wilson, which request he merely passed on to appellant, offering appellant at the same time the accommodation of respondent’s car to make the trip to meet Wilson. This is not, we may assume, the only inference that may be drawn from the facts, but it is a permissible inference and that is enough. As the trial court instructed the jury: “A guest is one who is invited, either expressly or impliedly, to enjoy the hospitality of the driver of a vehicle; who accepts such hospitality; and who takes a ride ... on his own business, without making any return to, or conferring any benefit upon' the driver of the vehicle as