Baars Et Al. v. Benda Et Al‪.‬

On September 15, 1944, Alice Baars and Nathaniel Baars, plaintiffs, brought action against Anton Benda and American Automobile Insurance Company, a foreign corporation, to recover damages for personal injuries sustained in an automobile accident by Alice Baars. The matter was tried to the court and jury and a special verdict submitted. Defendant Benda was found guilty in respect of lookout, management and control. It was found that this negligence increased the hazards assumed by plaintiff Alice Baars when she entered Benda's automobile as guest. It was found that Benda's negligence did not persist long enough to give Alice Baars an opportunity to protest. No contributory negligence was found on the part of Alice Baars. Upon motions after verdict the trial court set aside the answers of the verdict finding Benda guilty of negligence and upon the verdict so granted judgment was entered on December 12, 1945, dismissing plaintiff's complaint. Plaintiffs appeal. For convenience Benda, the host and driver, will hereafter be referred to as the defendant.