Opinion
March 20, 1959.
April 20, 1959.
Negligence — Automobiles — Passenger — Riding with an intoxicated operator — Voluntary assumption of risk.
In this action for wrongful death in which it appeared that the decedent was a passenger in defendant's automobile and was killed when the defendant drove his automobile onto the wrong side of the highway and collided with an oncoming vehicle; and it further appeared that before the trip commenced defendant and decedent had been drinking alcoholic beverages and defendant was visibly intoxicated when decedent got into the automobile as his passenger and the jury specifically found decedent guilty of "contributory negligence" and returned a verdict for the defendant, it was Held, in view of decedent's voluntary assumption of risk, that plaintiff's motion for a new trial had properly been denied.
Mr. Justice MUSMANNO dissented.
Before JONES, C. J., BELL, MUSMANNO, JONES, COHEN, BOK and McBRIDE, JJ.
Appeal, No. 37, March T., 1959, from judgment of Court of Common Pleas of Beaver County, June T., 1956, No. 210, in case of Eileen B. Reedy, administratrix of the estate of James C. Reedy, deceased v. Robert E. Brown. Judgment affirmed.
Same case in court below: 16 Pa. D. C.2d 494.
Trespass for wrongful death and survival action. Before SOHN, J.
Verdict for defendant; plaintiff's motion for new trial refused and judgment entered. Plaintiff appealed.
George J. Barco, with him Norman S. Faulk, and Barco and Barco, for appellant.
John D. Ray, with him Ray, Good Hudson, for appellee.
The judgment is affirmed on the opinion of Judge SOHN, of the court below.
Mr. Justice MUSMANNO dissents.