Dann v Hamilton The plaintiff was injured while travelling as a non-paying passenger in a car driven by one H. Prior to the accident H had been drinking, and this had markedly affected his driving, which thereafter was fast and erratic. During a stop to let down a passenger, the plaintiff, who by then knew that H, while far from being dead drunk, was not sober, and that there was a certain danger in being a passenger in a car driven by him, had an opportunity of leaving the car, but elected to continue the journey.