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.