Warner v. Liimatainen

The plaintiff, a passenger in an automobile owned and operated by the defendant, sued to recover damages for personal injuries claimed to have been sustained when the automobile left the highway and collided with a light pole. The defendant pleaded, inter alia, a first special defense of assumption of risk. The plaintiff demurred to this defense, and the demurrer was sustained. Thereafter a summary judgment was rendered on the issue of liability, and a hearing in damages was held to the jury, which returned a verdict in a substantial amount.

The sole assignment of error pursued in this court…