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1938

Assumption of risk

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Negligence - Overcrowding Of Automobile As Contributory Negligence Preventing Recovery By Guest, Brackley Shaw Feb 1938

Negligence - Overcrowding Of Automobile As Contributory Negligence Preventing Recovery By Guest, Brackley Shaw

Michigan Law Review

Plaintiff, an eighteen-year-old girl, was riding in the front seat of a Ford coupe with three young men on a clear night. The car, driven by defendant, was going sixty to sixty-five miles per hour and in rounding a curve struck another car. Plaintiff was thrown out and injured. The driver of the second car was joined as codefendant. Held, when more than three persons occupy the front seat of a car, overcrowding it and hampering the driver, those overcrowding it are guilty of contributory negligence as a matter of law; and where the accident was caused by lack …