Rader v. Fleming

Plaintiff in error, herein referred to as plaintiff, commenced proceedings to recover damages for personal injuries sustained as a result of an automobile accident. Plaintiff was a passenger in an automobile driven by defendant which struck a bridge abutment. Plaintiff alleged that defendant was negligent in going to sleep while driving. Defendant filed a general denial and alleged contributory negligence on the part of plaintiff in failing to stay awake and going to sleep.

The jury returned a verdict for defendant and judgment .was rendered thereon. Plaintiff appealed from the order…