Poynter v. Townsend

Rice, J.,

charged the jury in part as follows:

In the present case, the deceased was a guest or passenger in the automobile owned and operated by Case, and it has been held in this state that when the person injured or killed is merely a passenger in a vehicle and has no control over the operator, the negligence of the operator, if any, cannot be imputed to the passenger so as to defeat the latter’s right of recovery against a third person for injuries resulting from the concurrent negligence of such operator and third person. In such case, however, the passenger is required to exercise due…