Corey v. Nelson

361 F.2d 354 Charles E. COREY and Violet Corey, husband and wife, and Charlotte E. Lavender, Appellants, v. Richard L. NELSON, Administrator de bonis non and Personal Representative of Gail Nelson, deceased, Appellee. No. 20739. United States Court of Appeals Ninth Circuit. May 16, 1966. George Hibbard, Hibbard, Jacobs, Caldwell & Kincart, Oregon City, Or., for appellants. Jerard S. Weigler, Krause, Lindsay & Nahstoll, Portland, Or., for appellee. Before MERRILL and KOELSCH, Circuit Judges, and BEEKS, District Judge. PER CURIAM: 1 This is an action for wrongful death instituted by the husband of the deceased Gail Nelson as the personal representative of her estate. Jurisdiction of the trial court was based on 28 U.S.C. 1332. This court has jurisdiction under 28 U.S.C. 1291. 2 The sole issue involved on this appeal is the proper application of the California 'host-guest' statute (California Vehicle Code 17158). The trial court decided as a matter of law that plaintiff's decedent was not a 'guest' within the meaning of the statute, and refused to submit that issue to the jury for is determination. Upon a verdict in favor of plaintiff the defendants have appealed. 3 Decedent…