Dorn v. Butts

The court charged the jury that, there being no claim that plaintiff was contributorily negligent, any one of four verdicts was possible: that both defendants were negligent; that either one or the other was negligent; or that the accident was unavoidable and neither defendant was liable. The verdict reached by the jury was the fourth alternative, that the injuries were received by the plaintiff as the result of an unavoidable accident.

While there was testimony from which it might be concluded that the owner and driver of the car in which the plaintiff was a passenger might have known of a…