Bernosky v. Greff

Opinion by

Mr. Chief Justice Maxey,

Appellant contends that when a passenger is injured by reason of that vehicle’s leaving the highway and colliding with a pole, this passenger makes out a case of negligence against the driver by proving that the latter just before the accident fell asleep at the wheel. The court below charged the jury in effect that the mere fact that a driver of a car falls asleep at the wheel is not proof of negligence unless his falling asleep is due to his failure to take proper care and due caution and that he would be guilty of negligence only if just before falling…