Negligence — Automobiles — Passenger — Riding with an intoxicated operator — Voluntary assumption of risk.
In this action for wrongful death in which it appeared that the decedent was a passenger in defendant's automobile and was killed when the defendant drove his automobile onto the wrong side of the highway and collided with an oncoming vehicle; and it further appeared that before the trip commenced defendant and decedent had been drinking alcoholic beverages and defendant was visibly intoxicated when decedent got into the automobile as his passenger and the jury specifically found decedent guilty of "contributory negligence" and returned a verdict for the defendant, it was Held, in view of decedent's voluntary assumption of risk, that plaintiff's motion for a new trial had properly been denied.
Mr. Justice MUSMANNO dissented.
OPINION PER CURIAM, April 20, 1959:
The judgment is affirmed on the opinion of Judge SOHN, of the court below.
Mr. Justice MUSMANNO dissents.