Dube, a passenger in a car driven by Labar, was injured when it turned over. Both had been drinking the night before and on the day of the accident, and it appeared that Dube had also been drinking in the car as a passenger. Dube took over as driver when Labar was unable to start the car after stopping to pick up two hitchhikers. The appellant got into the car as a passenger after a short exchange in which the respondent asserted that he was capable of driving. The accident occurred shortly thereafter. The car veered as Labar turned to speak to one of the hitchhikers in the back seat. Dube attempted to grab the wheel and straighten out the car's course but his attempts eventually resulted in the car's overturning. The appellant was unsuccessful at trial as the jury found that volenti non fit injuria applied and a subsequent appeal on whether volenti applied to a negligence case on the highways was dismissed.