Sample v. . Spencer

Plaintiff’s intestate was a guest passenger and according to the evidence had no interest in the car nor control over the driver. Therefore, under the decisions applicable to this case, the negligence of the driver will not be imputed to plaintiff’s intestate. Albritton v. Hill, 190 N. C., 429, 130 S. E., 5; Gaines v. Campbell, 159 Va., 504, 166 S. E., 704.

There is evidence of negligence on the part of the driver of the car and of the defendant. Whether the negligence of the defendant concurred with the negligence of the driver of the car, and constituted the efficient cause of the injury to…