Negligence — Automobiles — Accident while driving guest — Injuries to — Recovery.
In an action to recover damages for personal injuries it appeared that the plaintiff was injured while riding in an automobile driven by the defendant. Evidence was produced that while the machine was proceeding at the rate of forty-five miles an hour the defendant asked for a cigar, which the plaintiff handed to him, and that in taking it the defendant removed his hands from the steering wheel, causing the accident. This was denied by the defendant, who claimed that he had been blinded by lights of an approaching machine.
Held, the case was for the jury and verdict for plaintiff will be sustained.
Argued November 13, 1924.
PER CURIAM, February 27, 1925:
Every phase of this case was fully considered in the court below, and all debatable questions were submitted to the jury in a charge by the learned judge that is free from error. It was clearly a case for the jury, and there could be no doubt as to the law appertaining to the facts and the duty of the jury in disposing of them.
The judgment is affirmed.