AUTOMOBILES - GUEST PASSENGERS - GROSS NEGLIGENCE

Defendant was the owner of a vehicle which was being driven by his servant and agent, a joint defendant. Plaintiff's status was that of a non-paying guest. Plaintiff brings an action in tort, alleging "gross negligence" in the operation of an automobile on a public highway in the state of Florida. Defendants pleaded and proved a "Guest Act" of the state of Florida.

The action was brought in the state of New Jersey and the sole question on appeal is the propriety of the submission to the jury of the issue of gross negligence. Held, "gross negligence" is a relative term that does not lend itself to precise definition, and at most the difference between "gross" and "ordinary" negligence is one of degree rather than of quality, irrespective of applicability of the statute of Florida. Oliver v. Kantor, (N. J. L. 1939) 6 A. (2d) 205.