Tate v. Borton

COMBS, Justice.

Nancy Lois Tate was killed and her friend, Willa Mae DeWitt, was injured ■when the car in which they were riding with two soldiers ran off the road and struck a guard rail and post. In separate actions for damages against the soldier who owned the car the jury found for the defendant. The cases were tried together in the trial court and will be considered together in this opinion.

The defendant relied principally on the defense of contributory negligence in that the young ladies voluntarily rode in the car knowing that the driver was under the influence of intoxicants. The…