Bateman v. Ursich

Schwellenbach, J.

(dissenting)—Respondent relies upon the “host-guest” statute. Whether we consider the relationship to be that of host-guest, or licensor and licensee, that relationship arose by reason of a violation of the anti-hitchhiking statute. The relationship was dependent for its creation upon an unlawful act of the respondent himself. He, therefore, as stated in the Upchurch case, “by his own unlawful act put himself without the pale of the protection afforded by the statute which he seeks to invoke.”