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105 Ga. App. 261

124 S.E.2d 487

Wright v. Lail

Court of Appeals of Georgia

Decided January 10, 1962

Court of Appeals of Georgia · decided 1962-01-10

Cited by 6 later decisions — most recently October 1973

6 state decisions

Relies on Holtsinger v. Scarbrough · 105 Ga. App. 221 - Tatum v. Clemones · 96 Ga. App. 859 - McBee v. Williamson

Good law ✅— No negative treatment on recordhow we know

Decided 1962-01-10

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¶1*266On Motion for Rehearing.

¶2Movant contends that the plaintiff has failed to show a subtantial benefit to the defendant, a host driver, citing McBee v. Williamson, 96 Ga. App. 859 (101 SE2d 910).

¶3The facts of the McBeecase, supra, show the line of demarcation between cases where the host driver is liable for failure to exercise slight care to his guest passenger, and the ones where he is liable for failure to exercise ordinary care. The plaintiff in the McBeecase, supra, rode with the defendant at the defendant’s request, but he did not ride to help the defendant or for any benefit to the defendant “other than the pleasure of the plaintiff’s company.” In the instant case the plaintiff rode with the defendant to help the defendant locate a rattle in his station wagon. This was of some benefit to the defendant.

¶4We quote the applicable rule announced in Holtsinger v. Scarbrough, 69 Ga. App. 117, (1, 2), supra: “1. A ‘guest’ in an automobile, within the contemplation of the law that towards him the host owes only the duty of exercising slight care, is one who takes a ride in the automobile merely for his own pleasure or on his own business and without making any return or conferring any benefit upon the host other than the pleasure of his company. 18 Words and Phrases, 839. 2. The status of one in or upon any part of an automobile for the purpose of conferring some benefit upon the owner and driver thereof at his request is that of an invitee, towards whom the owner and driver owes the duty of exercising ordinary care.” (Emphasis added). See also Fowler v. Glover, 105 Ga. App. 221, supra.

¶5Motion for reheanng denied.

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