Brown v. Frandsen

KELLER, District Judge:

This is an appeal from a summary judgment dismissing the plaintiffs’ action for personal injuries brought against the administrator of the estate of their host driver, who was killed in the same accident. They contend that he was guilty of wilful misconduct in going to sleep while driving. 1

The facts as found by the trial court .are briefly summarized as follows: On the afternoon of September 16, 1959, Nathan Brewer, the deceased driver, commenced a journey by automobile from La Puente, California, with a point near Washington, D. C., as his destination.…