
    HODGE v. BEAMAN.
    Automobiles — Wilful and Wanton Misconduct — Gross Negligence-Atmospheric Conditions — Guest Passengers.
    Operation of ear at 40 miles an hour in a driving rain and high wind accompanied by poor visibility held, not to constitute gross negligence or wilful and wanton misconduct so- as to entitle guest passenger to recover for injuries received when contact by host’s ear with one oncoming car as he tried to pass a truck on a three-lane pavement caused host’s ear to swing around on the wet pavement and collide with another car.
    Appeal from Wayne; Gilbert (Parm O.), J., presiding.
    Submitted June 5, 1940.
    (Docket No. 21, Calendar No. 41,081.)
    Decided September 6, 1940.
    Case by Dorothy Hodge against Charles L. Beaman for personal injuries sustained while riding as a guest passenger in defendant’s automobile. Directed verdict and judgment for defendant. Plaintiff appeals.
    Affirmed.
    
      Louis B, Ver Wieloe, for plaintiff.
    
      Henry C. L. Forler and Cyril C. Pulford, for defendant.
   Wiest, J.

This is a guest passenger case. The alleged gross negligence or wilful and wanton misconduct of defendant consisted in driving, in the afternoon of a summer day, at 40 miles per hour in a driving rain and high wind and poor visibility and, while trying to pass a truck upon a three-lane highway, contact with an oncoming automobile caused defendant’s car to swing around on the wet pavement into the path of another-car and in the collision plaintiff was seriously injured. The court directed a verdict for defendant and this appeal is by plaintiff. This did not constitute gross negligence or wilful and wanton misconduct.

Affirmed.

See Findlay v. Davis, 263 Mich. 179; Grabowski v. Seyler, 261 Mich. 473; Keilitz v. Elley, 276 Mich. 701; Rowe v. Vander Kolk, 278 Mich. 564; Raby v. Dodge, 279 Mich. 626; In re Mueller’s Estate, 280 Mich. 203.

Defendant will recover costs.

Bushnell, C. J., and Sharpe, Chandler, North, McAllister, and Butzel, JJ., concurred. The late Justice Potter took no part in this decision.  