Citation

Grindeland G, Davies TQ. N. Dak. Law Rev. 1961; 37: 282-292.

Copyright

(Copyright © 1961, University of North Dakota School of Law)

DOI

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PMID

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Abstract

What to conduct on the part of a passenger in an automobile constitutes contributory negligence barring a recovery in case of an accident? What affirmative steps must of passenger take for his safety? This paper is an attempt to answer these questions in the light of the changing technology of automobile travel. At the outset, a few definitions are in order.

Many states have an active statutes limiting their liability of a driver of an automobile for injuries to guests to situations involving either gross negligence, willful misconduct, or intoxication. In such jurisdictions a "guest" is defined for the purpose of applying to statutes, as a person whom the owner or possessor of a motor vehicle invites to ride with him as a gratuity. A "passenger" conversely, is defined as a person conveyed for hire from one place to another, and the relationship between carrier and passenger is contractual.

This latter definition is, for purposes of the present discussion, somewhat too restrictive in character. It has been as strictly observed that whatever the technical legal significance of the term passenger may be, in common parlance it means an occupant of a motor vehicle other than the person operating it and describes the physical status rather than a technical legal status....

Language: en