Fried v. Korn

Defendant automobile owner appeals from a judgment, entered on a jury verdict, in favor of plaintiffs, one, the relief driver of defendant’s automobile, and the other, the relief driver’s wife, who was merely a passenger. The accident occurred when a rear tire, weakened from wear, blew, causing the car to overturn, thereby injuring plaintiffs. The judgment should be modified to dismiss the complaint of plaintiff relief driver, since, as a matter of law, he was concurrently negligent.

Plaintiffs, a husband and wife, arranged with defendant to drive to Florida in defendant’s automobile. All…