NEGLIGENCE-DUTY OF CARE-DETERMINATION OF PLAINTIFF\u27S STATUS UNDER GUEST STATUTE

Plaintiff, a boy scout, was assisting in a paper collection for the benefit of his troop, and while so doing, was injured when he attempted to regain his position on a utility trailer attached to the assistant scoutmaster\u27s automobile. Plaintiff brought suit against the assistant scoutmaster, alleging negligent operation of the automobile. Defendant\u27s motion for judgment on the pleadings was granted in the lower court, but this ruling was reversed in the court of appeals. On appeal to the Supreme Court of Ohio, held, affirmed, three judges dissenting. Defendant was deemed to have been benefited by plaintiff\u27s activities to a sufficient extent to take plaintiff out of the guest classification and render him a passenger for hire under the Ohio Automobile Guest Statute. Vest v. Kramer, 158 Ohio St. 78, 107 N. E. (2d) 105 (1952)