Elliott v. Montgomery

On exceptions to the granting of a non-suit. The action is for personal injuries sustained by the plaintiff while riding as a gratuitous passenger on a truck. While negligence of the operator of the truck is not imputable to the plaintiff, it is incumbent upon the plaintiff, in order to make out a case entitling him to go to the jury, to show prima facie that he was himself in the exercise of due care; that no want of such care proximately contributed to the accident; and that the defendant was guilty of negligence which was a proximate cause of the accident.

The plaintiff is a police officer…