DuBois v. Owen

GOULD, J., pro tem.

Plaintiff was a guest of defendants upon an extended automobile trip. While traveling in Arizona July 13, 1935, with defendant Mildred Owen driving, her husband, defendant Harvey Owen, asleep in the back seat and plaintiff dozing in the front seat, a tire blew out, the car careened from the highway and turned over in a ditch. Upon trial before a jury plaintiff was awarded damages of $5,000 for the injuries suffered by her in the accident, the judgment running against both defendants, who prosecute this appeal.

As preliminary to a discussion of the points raised by appellants…