Stephenson v. Whiten

*112Quillian, J.

The contentions of the plaintiff in error, defendant (hereinafter referred to as defendant, as the plaintiff in the trial court is referred to here as the plaintiff), are that the allegations of the petition affirmatively show that the plaintiff was so wanting in care for her own safety as to preclude a recovery by her. This contention is predicated on the fact that the petition shows that, at an early hour on New Year’s day, the plaintiff was riding on the same seat as the driver, and that the petition alleged as one of the acts of negligence on the defendant’s part that the…