Bynon v. Porter

Per Curiam,

This action was instituted to recover damages sustained by plaintiff, James H. Bynon, while riding with others as a guest passenger in the car of the original defendant. The jury returned a verdict in favor of plaintiff and against the original defendant, Harry Porter, in the amount of $9,700, and also a verdict in favor of the additional defendant, Melvin Houk. Belying solely upon the fact that plaintiff failed to protest at Porter’s negligent driving, on this appeal the original defendant contends that the lower court erred in not holding plaintiff contributorily negligent as a…