McClelland Et Ux. v. Copeland

Opinion by

Mr. Justice Jones,

The question of chief importance raised on these appeals is whether the presence of four persons on the front seat of an automobile constitutes negligence per se which bars them, as a matter of law, from recovering for injuries allegedly suffered through the negligence of others in an accident wherein the automobile, in which the former were so riding, was involved.

In the late afternoon (about six-thirty) of September 4, 1944, D. R. McClelland, one of the appellees, was driving a Chevrolet “pick-up” truck, owned by himself and wife, eastwardly on Route 59, an…