Hinnant v. Atlantic Coast Line Railroad

What are tbe tests established by law in determining wben tbe negligence of tbe driver of an automobile “is tbe sole, proxi mate cause” of an injury to a passenger therein resulting from the collision between the automobile and a train at a grade crossing?

This Court has held with unbroken uniformity that the negligence of the driver of an automobile is not ordinarily imputed to a passenger who neither owns the car nor has any control of the car or driver, and who is not engaged in a joint enterprise with the driver at the time of his injury. Nevertheless, if the negligence of the driver is…