Bernard v. Jennings

On behalf of the defendant it is argued that the rule applicable to host and guest should be applied as between Bernard and Jennings and that as a consequence Bernard was guilty of contributory negligence as a matter of law in intrusting himself to the care of Jennings while he slept in the truck. Bernard and Jennings were clearly co-employees and as such owed to each other the duty to exercise ordinary care in discharging the duties of their common employment. McGonigle v. Gryphan, 201 Wis. 269, 229 N. W. 81.

The question of whether or not Bernard was guilty of contributory negligence in…