Gertrude D'HonDt v. James Drake Hopson

PICKETT, Circuit Judge.

The plaintiff was injured when an automobile in which she was riding was driven off the highway by her husband and overturned. She brought this action to recover damages, alleging that the injuries resulted from defendant’s negligent operation of his automobile. One of the defenses was that plaintiff failed to exercise due care for her own safety. The court submitted the issue of contributory negligence to the jury, which returned a verdict for the defendant. The questions presented here relate to the duty of a passenger riding in an automobile to warn or remonstrate…