¶1specially concurring.
¶2I agree with the holding of the majority that the judgment should be reversed; however, I am of the opinion that the guest statute is unconstitutional. The record discloses evidence of defendant’s negligence; therefore the matter should have been submitted to the jury on the facts presented and without regard to the requirements of the guest statute.
¶3Mr. Justice Frantz joins in this specially concurring opinion.