Williams v. Owens

While ordinarily questions of comparative negligence are ones for a jury, if a petition shows that the plaintiff failed to exercise ordinary care for her own safety, a general demurrer to the petition will be sustained and the action dismissed. The petition alleged that the defendant drank heavily while in the night club. It also alleged: “Plaintiff insisted that the defendant was in no condition to drive and requested that her husband be allowed to drive said automobile. This request was rejected and, in order to allow the defendant more room for driving, plaintiff got into the back of the…