Negligence: Assumption of Risk: Contributory Negligence

Plaintiff, knowing that the driver of the automobile in which she was riding had been drinking, continued to ride with him though she was under no compulsion to do so. In an accident resulting from the driver's intoxication, plaintiff was injured and the driver killed. In an action against the personal representative of the driver, the defendant raised the defense of volenti non fit injuria. Held, for plaintiff. The maxim volenti non fit injuria would apply only where the drunkenness of the driver was extreme and glaring. Dann v. Hamilton, [1939] 1 K. B. 509.