Butler v. Albert

While plaintiff was a passenger riding in his own car driven by defendant, who is his brother-in-law, an accident occurred and plaintiff was injured. They had together visited several taverns; both had been drinking; they were on their way home after midnight.

The car ran off the highway and struck a telephone pole. Plaintiff had at once fallen asleep when he got into the car; the driver fell asleep at the wheel while driving. There was a trial of plaintiff’s negligence action against the driver and the verdict of the jury was for the defendant. It is argued by plaintiff on *44appeal that the…