Perry ex rel. Perry v. Baker

CLAY, Commissioner.

This is a suit for personal injuries sustained by appellant’s decedent in an automobile accident. (He later died from an unrelated cause.) A jury verdict in the amount of $2500 in appellant’s favor was set aside by the trial court and appellee was granted a judgment notwithstanding the verdict. The only issue on this appeal is whether appellant’s decedent was con-tributorily negligent as a matter of law because of the drinking activities of the parties.

The decedent was a passenger in the car driven by appellee, who was a minor. About 6:30 p. m., the decedent purchased a…