Napier v. Hurt

CULLEN, Commissioner.

Johnny Napier and Cecil Hurt, each driving a parent’s automobile, engaged in a race along a mountainous highway. As well might have been expected, the race culminated in a smash-up. Boyd Napier and Howard Lee Grigsby, teen-age passengers in the Johnny Napier car, were injured. They sued Johnny and Cecil and the parental owners of the cars. Each plaintiff was awarded a verdict of $5,000. However, the defendants’ motion for a new trial was sustained and upon a second trial the jury found for the defendants (presumably on the ground of contributory negligence). Judgment was…