Geller v. Sherman

I find, upon the preponderance of the evidence, that the injuries sustained by plaintiff, while a *1050passenger in the car owned by defendant, were caused by the negligence of its operator and without contributory fault, for which he is justly entitled to recover, provided there is no merit to defendant’s affirmative defense that plaintiff’s injuries are compensable by workmen’s compensation.

Upon the agreed facts the plaintiff and the operator were at the time of the accident returning to their motel room, having spent the evening socializing after a day’s work as fellow employees. The work…