State v. Wells

In my opinion the judgment of the Court of Appeals in the instant case should be affirmed. I maintain that the two cases in conflict with the judgment of the Court of Appeals in the instant case were incorrectly decided. Those cases (Barber v. State, 5 Ohio Law Abs., 780, and Masoncup v. State, 47 Ohio App., 32, 189 N. E., 512) were decided upon the ground that there is as much reason for the law to protect his (the occupant’s of defendant’s car) life and limb as to protect the life and limb of any other persons using the highways.

*141I am not particularly concerned with the question of whether…