Gorton v. Doty

69 P.2d 136 (1937)

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Nature of the Case

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Facts

Doty (D) was teaching at a high school, and Garst was coaching the team. On a game day, the team was transported in privately owned cars. One of the cars used was owned by D and was driven by Garst. This action was commenced by Gorton (P), the father of Richard to recover expenses incurred by hospitalization for injuries suffered in the accident that happened. D knew of the game and volunteered her car if Garst would drive it. D got nothing for the use of her car, but the school district did pay the cost of the gas for the trip. It was also established that Dt had not employed Garst or directed the word or services performed. The jury gave the verdict to the father for $870 and another to Richard for $5,000. A motion for a new trial was made and denied. This appeal resulted.