Morse v. Frank

Plaintiff, Madeline Morse, received personal injuries on July 16, 1967, while riding as a guest passenger in the automobile of defendants, Arthur and Hazel Frank. Her action was tried to the court, sitting without a jury.

The trial court found that defendant driver, Arthur Frank, was intoxicated at the time of the accident and that his intoxicated condition was a proximate cause of plaintiff’s injuries. However, the court found the plaintiff had voluntarily entered defendant’s automobile when she knew, or in the exercise of ordinary care should have known, that he was intoxicated and that had…