Boykin v. Bennett

It does not affirmatively appear from the allegations of the complaint that plaintiff’s intestate was contributorily negligent as a matter of law. As to his conduct the sole allegation is that “he was riding as a gratuitous passenger” in the automobile owned and operated by defendant Bennett.

There is no allegation from which it affirmatively appears, or is necessarily implied, that plaintiff’s intestate knew, or in the exercise of reasonable care should have known, before the race was underway, that defendants would engage in speed competition. Nor does the complaint show.that he failed to…