Exceptions from Superior Court, Essex County; Stanley E. Qua, Judge.

Action of tort by Marion E. Hall against Arthur A. Hamel for personal injuries sustained in New Hampshire, while riding in defendant’s automobile. Judgment for plaintiff for $4,509, and defendant brings exceptions. Exceptions overruled.

[**925]  The automobile tipped over and injured plaintiff, when defendant left the road to avoid another vehicle. At the close of the evidence, defendant moved for a directed verdict, and also requested a ruling that on all the evidence plaintiff was not entitled to recover. The court refused the motion and denied such ruling, and submitted the case to the jury with instructions to which no exceptions were taken.

Francis   [*465]  P. Garland, of Boston, Frederick H. Tilton, of Haverhill, and Arthur B. Tyler, of Brookline, for plaintiff.
Starr Parsons, Eben Parsons, and Paul F. Wadleigh, all of Lynn, for defendant.

PER CURIAM.

This is an action of tort for personal injuries suffered by the plaintiff while riding as a guest of the defendant in his automobile driven by him. The accident occurred in New *466 Hampshire. The uncontradicted evidence was that according to the law of New Hampshire a guest in an automobile may recover compensation for injury resulting from the ordinary negligence of his host; and that under such circumstances recovery is not confined as in this commonwealth, to cases of gross negligence of the host. Massaletti v. Fitzroy, 228 Mass. 487, 118 N. E. 168, L. R. A. 1918C, 264, Ann. Cas. 1918B, 1088. There was no exception to instructions to the jury to this effect. The rights of the parties are governed by the law of the jurisdiction where the injury occurred. Plainly it was a question of fact on all the evidence whether the defendant’s negligent operation of his automobile harmed the plaintiff while she was in the exercise of due care. It would serve no useful purpose to narrate the evidence.

Exceptions overruled.