Christensen v. Tollison

The accident occurred when Tollison, the driver, fell asleep and failed to round a curve in the highway. Christensen, the passenger, was asleep then and had been for some time.

In a special verdict the jury found that:(1) Tollison was negligent in increasing the danger assumed by Christensen when he entered Tollison’s automobile, or creating a new danger, both in respect to speed and lookout, and each such negligence was a cause of the accident.(2) That Christensen assumed the risk of such speed and lookout.(3) That Christensen was causally negligent in respect to lookout and to giving warning…