Chancey v. Cobb

Code § 105-1803 provides: “As a general rule there can be no tort committed against a person consenting thereto, if that consent is free and not obtained by fraud, and is the action of a sound mind. The consent of a person incapable of consenting, such as a minor, may not affect the rights of any other person having a right of action for the injury?’

In my opinion the rationale of the above Code section and the decisions of our courts on the questions of the guest rule, consent to torts and assumption of risks is that a guest in a motor vehicle consents to any tort committed against him by…