California, United States of America
The following excerpt is from Rabago v. Meraz, 26 Cal.Rptr. 29 (Cal. App. 1962):
In Rocha v. Hulen, 6 Cal.App.2d 245, 44 P.2d 478 the court held that an 'involuntary occupant' is neither a guest (to be a guest 'imports both a knowing and a voluntary acceptance, and does not include either involuntary or a forced ride.' p. 252, 44 P.2d p. 482) nor a passenger (a passenger is one who accepts a ride and returns compensation in some form).
In Hollingum v. Moore, 102 Cal.App.2d 509, 227 P.2d 845, the plaintiff's complaint set forth, and the court found, that at the time of the injuries plaintiff was a guest in defendant's automobile. The judgment was based upon the finding of defendant's wilful misconduct. The evidence in that case disclosed that plaintiff had demanded that defendant let him out of the car. The court stated, as dictum, at page 511, 227 P.2d at page 846 as follows in pertinent part:
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