Morier v. Hines

The cases were tried together. The jury found against Adelard, the driver of the motor cycle, and in favor of Eva, the passenger. They must therefore have found that both the defendant and Adelard were negligent and that despite Adelard’s negligent driving of the car, the defendant’s negligence was the proximate cause of Eva’s injury. The jury were properly instructed that Adelard’s negligence in driving should not be imputed to Eva. In other words, Eva, herself free from fault, was not debarred from recovery because Adelard’s negligent driving contributed in some degree to cause the injury.…