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REHM v. INTERSTATE MOTOR FREIGHT SYSTEM

No. 9206.

133 F.2d 154 (1943)

REHM v. INTERSTATE MOTOR FREIGHT SYSTEM et al.

Circuit Court of Appeals, Sixth Circuit.

February 1, 1943.

Attorney(s) appearing for the Case

Clifford A. Mitts, Jr., of Grand Rapids, Mich. (Farabaugh, Pettengill & Chapleau, of South Bend, Ind., and Clifford A. Mitts, Jr., of Grand Rapids, Mich., on the brief), for appellant.

L. E. Becker, of Grand Rapids, Mich. (Warner, Norcross & Judd and Alexander, McCaslin & Cholette, all of Grand Rapids, Mich., on the brief), for appellees.

Before HICKS, SIMONS, and MARTIN, Circuit Judges.

MARTIN, Circuit Judge.

Appellant concedes that the negligence of the driver of an automobile is, under the law of Michigan, imputable to a guest passenger. Asserting, however, that this doctrine, which is at utter variance with that prevailing generally in American jurisprudence, is limited in its applicability to those whose election to ride with the operator of the automobile is free and voluntary, appellant insists that the district court erred in charging the...

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