Warren v. Sullivan

Plaintiff Ida Warren, while riding as a guest in the automobile of the defendant driver, Lilly K. Sullivan, was injured when it collided with another automobile and wound up against a telephone pole. Plaintiff brought this action to recover damages for her injuries based on alleged wilful misconduct of the defendant. Defendant’s answer denied any misconduct and alleged the defense of assumption of risk. Judgment after jury trial was rendered in favor of defendant, and plaintiff appeals.

At about 5 -.15 p.m. on November 28, 1956, respondent was driving north on Junípero Serra Highway a short…