Cummings v. City of Dearborn, Michigan

HICKS, Circuit Judge.

The District Court directed a verdict for the defendant upon the ground that Nagy, the driver of the car, in which plaintiff’s ward, Gus Cummings, twenty years old, was riding, was guilty of negligence. This was error for two reasons: (1) Because in a federal court the contributory negligence of Nagy, the driver, cannot be imputed to Cummings, the passenger. Wabash R. Co. v. Walczak, 49 F.(2d) 763 (C.C.A. 6) ; Commercial Elec. Supply Co. v. Greschner, 59 F.(2d) 512 (C.C.A. 6). And (2) because the negligence of a driver is never imputed to a minor passenger [Fairchild v.…