Bernard v. Portland Seattle Auto Freight, Inc.

Plaintiffs, a marital community, brought this action to recover for personal injuries alleged to have been sustained by them, while riding as guests in a Packard automobile which collided on Pacific avenue, an arterial highway in the city of Tacoma, with a truck owned and operated by defendant, a domestic corporation. By answer, defendant denied negligence on its part, pleaded affirmatively in bar of the action contributory negligence of plaintiffs, and by cross-complaint sought recovery against the plaintiffs for damage to its truck.

The cause was tried to the court, which found that the…