California Court of Appeal July 26, 1961, Civ. 19285 (Nault v. Smith)

TOBRINER, J.

We deal here with the construction of the guest statute (Veh. Code, §17158). We find no error in the trial court’s granting of a nonsuit as to appellant’s

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first count upon his opening statement because of his failure to state that he would prove that respondents received compensation for the ride during which appellant incurred injury.