Boyd v. Cress

Defendant Cress appeals from a judgment awarding damages to the plaintiff for personal injuries suffered in a motor vehicle accident.

On September 2, 1951, Cress and the plaintiff Boyd left Chico, California, in Cress’ automobile for the purpose of driving to Fall River, California, in order to make plans for deer hunting trips later in the year. Cress drove his car and Boyd accompanied him as a nonpaying passenger. Sometime between 2 and 3 o ’clock on the morning of September 3, after driving four or five hours, Cress steered his automobile over to the side of the highway and stopped,…