American Security Tr. Co. v. White

1 Citing case

  1. Eskovitz v. Berger

    276 Mich. 536 (Mich. 1936)   Cited 24 times
    In Eskovitz v. Berger, 276 Mich. 536, involving an Ohio accident, the State of Michigan at the time of the accident and trial not only imputed a driver's negligence to his passenger, but prevented recovery by a guest against his host except in cases of gross negligence.

    One riding as a guest in an automobile in that State does not assume the responsibilities of the driver and the driver's negligence may not be imputed to him. Hocking Valley R. Co. v. Wykle, 122 Ohio St. 391 ( 171 N.E. 860); American Security Trust Co. v. White, 42 Ohio App. 272 ( 181 N.E. 918); Myers v. Railway Co., 122 Ohio St. 557 ( 172 N.E. 666); and see 8 Page's Ohio Digest, ยง 62, Motor Vehicles. That the law of Ohio has since been changed by statute is suggested but not briefed. The trial judge found defendant guilty of negligence which was the proximate cause of the accident, but not of wilful or wanton misconduct in the operation of his vehicle.