guest without compensation under our guest statute which denies him a cause of action based on ordinary negligence. He appeals from the judgment claiming that he was not a guest.
In the latter part of June, 1961, Schlim, Gau, Iho Varva and apparently Marvin Skinner, all residents of Pierre, South Dakota, who had been close friends for some time, met at the bar operated by Schlim and talked about going antelope hunting. Schlim asked them to go on such a trip with him to the Black Hills area that fall. There was a suggestion by some of the others that they could not afford the trip so Schlim volunteered that he would arrange free board and room for them at a cousin's home in Deadwood, South Dakota, which heapparently later did. He also offered to take his car because it would serve their purpose better than the cars of the others and arranged for and secured their hunting licenses for which they paid or reimbursed him.
Late in the afternoon of September 29, 1961, these four left Pierre in Schlim's car with him driving, going by way of Highway 34. Before their departure Skinner purchased and paid for a tank of gasoline. At Howes, about 100 miles west of Pierre, they stopped to sight in their rifles. Schlim complained of being tired and requested that someone else drive which Gau volunteered to do. They next stopped near Sturgis, South Dakota, where the car was filled with gasoline for which Gau paid. After that they proceeded into town