Stephen

This is an appeal by defendants from a judgment in favor of plaintiff that involves primarily the question of the liability of a driver of an automobile for injuries to another riding with such driver, under the so-called “guest” law (sec. 403, Vehicle Code).

Epitomized, the facts are that plaintiff and two other women, accompanied by defendant Mrs. Spaulding, were riding in an automobile belonging to the defendants Mr. and Mrs. Spaulding and driven by their daughter, defendant Barbara Spaulding. The party was journeying to Laguna Beach to attend a bridge party, and as between plaintiff and defendant Mrs. Spaulding there was a tacit and mutual understanding that the cost of gasoline used on the trip was to be shared between them. While en route between Long Beach and Laguna Beach the accident in question occurred, when the auto driven by Barbara Spaulding collided with another automobile that had stopped in front of it.

It is conceded that the driver of the automobile was not guilty of wilful misconduct or intoxication. Therefore recovery by plaintiff is dependent upon whether at the time of the accident she was riding in the capacity of a passenger or a guest. If plaintiff’s…