Hayes

Plaintiff was injured while riding in an automobile driven by defendant. The principal question presented is whether plaintiff was a guest or a passenger. The jury brought in a defense verdict and plaintiff appeals from the judgment entered thereon. Plaintiff and one McCaskill had planned a trip to Reno by bus for the purpose of gambling. McCaskill told defendant of the proposed trip and he suggested that all three go and use his car. McCaskill bought $5.00 worth of gasoline which was used in defendant’s car and plaintiff gave defendant $8.00 in cash. Plaintiff testified that the $8.00 was intended to be approximately the bus fare to Reno and return, but defendant denied that the money was paid as a fare, testifying that the money was simply to help defray the expense of the trip. The three met at the Ebony Plaza Hotel in Oakland on May 4, 1956, and between 6:30 and 7 p. m. left for Reno in defendant’s car. They arrived in Reno between 11 and 12 p. m., defendant driving the entire distance. Each went his own separate way apparently gambling until 3 a. m., except for time out for eating. They drank from a half pint of Scotch and about 3:30 a. m. started home, defendant again…