Willoughby v. Driscoll

Petition for rehearing denied February 17, 1942

On Petition for Rehearing

(121 P. (2d) 917)

BELT, J.

Defendants insist that reversible error was committed by the refusal of the trial court to give the following requested instruction:

“It is the law that when a passenger voluntarily gets into an automobile while the same is being operated by a driver known to the passenger to be intoxicated, such action constitutes contributory negligence. If you find from a preponderance of the evidence that the defendant Harris was intoxicated at the time the car left Waldport for the return journey to Corvallis,…