Legal Opinion
James McDowell v. Dennis, H. Bratcher
Court of Appeals for the Sixth Circuit
Decided April 15, 1959No. 13671_1PublishedCited by 3 opinions
1Opinion of the Court
MARTIN, Chief Judge.
The plaintiff in a damage suit for personal injuries received in an automobile ■accident has appealed from a directed verdict against him in the United States District Court for Eastern Kentucky.
The District Judge, in directing the verdict, stated that it was contributory negligence for the plaintiff to get out of the automobile, turn it over to an “extremely drowsy, sleepy man”; and then go to sleep himself “and assume the risk * * * of whatever might happen under all the circumstances.” The court considered that the plaintiff thus had assumed the risk of injury. The…
2Cases cited2 opinions
- Rennolds' Administratrix v. WaggenerCourt of Appeals of Kentucky (pre-1976) · 1937
- Robinson v. HigginsCourt of Appeals of Kentucky (pre-1976) · 1943
3Cited by3 opinions
- Taylor v. CirinoCourt of Appeals for the Sixth Circuit · 1963
- Boyd F. Taylor, Ancillary Administrator of the Estate of Sherman E. Wires, Deceased v. Rosalind Cirino, Robert Flick and Billy Franks v. Rosalind CirinoCourt of Appeals for the Sixth Circuit · 1963
- J. L. Moore, Ancillary Administrator of the Estate of Linda Faye O'brien, Deceased v. Stanley E. MahurinCourt of Appeals for the Sixth Circuit · 1969