Harrington v. Collins

BRANCH, Chief Justice.

The question presented by this appeal is whether the Court of Appeals erred in reversing the trial court’s ruling granting defendant’s motion for a directed verdict.

Defendant contends that the Court of Appeals erred in holding that ordinary contributory negligence on the part of plaintiff does not bar recovery as against defendant’s willful or wanton conduct. He argues that this rule should not be applied in cases of prearranged racing in which a passenger has acquiesced by failing to take steps for his own protection, or alternatively, that plain tiffs acquiescence…