Casey v. Atwater

One of the paragraphs of the complaint alleging that the plaintiff’s decedent died from injuries caused by the negligent operation by defendant of an automobile in which the plaintiff’s decedent was riding as a passenger states that defendant was negligent “in that she (defendant) partook of some whiskey before said accident which affected her ability to properly drive and control said automobile.” Defendant, in her answer, has set up the two special defenses of contributory negligence and assumption of risk, respectively, to the second of which plaintiff has demurred on the ground that it…