Cosby v. Younger

MONTGOMERY, Judge.

Lewis Cosby sued James W. Younger, Jr., Catherine Knodler, and- William H. Nall for injuries suffered by him in an auto collision. The action was dismissed as to Nall. Motions for directed verdict in favor of Younger and Knodler were sustained. Cosby appeals from the judgment entered pursuant thereto.

The sole question is whether under the proof the appellant assumed the risk and was contributorily negligent as a matter of law in riding with a driver with knowledge that he had been drinking and that the car had defective brakes. Appellant, Younger, and Thomas Camfield, Jr.,…