Krueger v. Krueger

The defendant paid the automobile expenses on the trip. The plaintiff was, by her own pleadings and under the facts, defendant’s guest. As such guest she took the automobile and the defendant as driver as they were. Plaintiff knew defendant’s prior experience as a driver as well as all the facts surrounding the long drive from noon of the preceding day; the loss of sleep; the discomforts of the night preceding the final stage of the journey. She was bound to know as a matter of common knowl*590edge that a result such as did follow, viz. of the defendant dozing at the wheel, was reasonably to be…