Webb v. Miles

This is an appeal from a judgment of nonsuit dismissing the plaintiff’s complaint at the close of the *689plaintiff’s testimony. Plaintiff was riding on the side of an automobile standing on the running board and hanging onto the window. Defendant backed his automobile out of a driveway into the side of the car on which the plaintiff was riding and injured the plaintiff. The occupants of the car on which plaintiff was riding were uninjured and there was room for the plaintiff to have ridden in the ear instead of hanging on the outside. The trial court held that the plaintiff was guilty of…