Allen v. Robinson

This is an appeal from a judgment entered after a jury verdict in favor of plaintiffs Mildred Allen and her 15-year-old daughter, June Allen, which awarded damages to plaintiffs for injuries sustained by them while riding as guests in an automobile owned by defendant Melvin W. Robinson and driven by his 17-year-old son, defendant Clayton W. Robinson, with his fathers consent, which injuries were attributed to wilful misconduct on the part of Clayton W. Robinson which resulted in a collision of his car with another at an intersection. On this appeal from the judgment three grounds for reversal are urged, the first that the evidence is insufficient to show wilful misconduct on the part of Clayton W. Robinson; the second that plaintiffs assumed the risk of injury by riding with said defendant under the circumstances of the case; and the third, that plaintiffs were guilty of negligence which contributed proximately to their injuries.