Conway v. O'brien

111 F.2d 611 (1940)

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Nature of the Case

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Facts

P was a passenger in D's car. D was driving north, and Wilson was driving south. A collision occurred about twenty feet beyond the south end of a bridge. D's car was going at fifteen miles an hour. The turn that D took was sharp and D negotiated it on the wrong side of the road. This was common on the road that was being traveled (as it was obviously designed wrong.) D did not blow his horn or do anything to avoid collision until he saw Wilson emerge, at which time D swung sharply to the right so that the collision was between the left fore wheels of each car. Wilson swore that he was moving at two miles an hour and that he blew his horn before entering the bridge. Only five or six families lived on the road, and the wheel tracks at the turn showed that it had been the custom to take it on the left side in order to make the turn more easily. P was a passenger and guest in D's car. She was injured and sued P. The 'Guest-Occupant' law of Vermont holds that an operator of a motor vehicle is not liable for injuries to 'any occupant of the same' unless the operator receives pay for carrying the occupant, 'or unless such injuries are caused by the gross or wilful negligence of the operator.' P got the verdict and D appealed.