What is the current state of the law of contributory negligence against a guest in a motor vehicle accident?
The following excerpt is from Nelson v. Nygren, 181 N.E. 52, 259 N.Y. 71 (N.Y. 1932):
In the case of Weidlich v. New York, N. H. & H. R. Co., 93 Conn. 438, at page 442, 106 A. 323, 324, the court clearly states the modern view of the law of contributory negligence as applied to a guest riding in an automobile: The intestate was seen of few moments before the accident, and a short distance from the crossing, seated on the rear seat of the closed automobile. If he had been asleep, or reading a book, or engrossed in talk with another than the driver, or in deep thought, he would not have been, because of this, negligent. Ordinary experience instances this as not infrequently the conduct of the ordinarily prudent person when riding as a guest on the rear seat of an automobile. No duty was upon the intestate to explain, excuse, or justify his course.
The judgment should be affirmed, with costs.
Judgment affirmed.
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