Malcolm Lamar Drake v. Joseph John Driscoll

HUTCHESON, Chief Judge.

This is an appeal from a judgment on a verdict for damages for personal injuries sustained by plaintiff in a highway collision between two automobiles, in one of which plaintiff was a guest passenger.

The defendant, the driver of the other car, is here assigning in several forms that, in its charge 1 on plaintiff’s duty to exercise care, the court in effect instructed the jury that plaintiff, as a guest, would not be called upon to exercise care unless and until something creating or evidencing danger, or requiring preventive action, came, or was brought, to his…