Mann v. Harmon

A guest or gratuitous passenger is not' negligent in riding with an intoxicated driver or one under the influence of intoxicating liquors, if he is unaware of such intoxication, and no facts have been noticed by him which would arouse the suspicion of one of ordinary prudence in relation thereto. “Actual ascertainable intoxication is essential, and no contributory negligence in this connection can be asserted where, at the crucial time of undertaking or continuing the status of guest, the operator of the motor vehicle is not intoxicated to the knowledge of the guest, or to such extent that…