Watland v. Farmers Mutual Automobile Insurance

The primary question presented is that of assumption of risk. Wittenburg was found by the jury to have been causally negligent with respect to driving while under the influence of intoxicating liquor, and there was ample credible evidence upon which the jury could so find. Testimony of both Wittenburg and the appellant clearly showed that a great deal of whiskey had been consumed by them during the course of the evening. They were together during all of that time. Wittenburg was convicted of drunken driving at the time of the accident on his plea of guilty.

It is well established that a…