New York Court of Appeals
Allen Nelson, Respondent v. Arnold Nygren, Appellant
April 26, 1932259 N.Y. 71
Summary
The New York Court of Appeals affirmed the judgment, holding that a passenger who voluntarily sleeps in a vehicle with the driver's consent does not constitute contributory negligence as a matter of law. The court reasoned that the issue of contributory negligence is ordinarily a question of fact for the jury, to be decided under the ordinary prudent person standard.