The defendant Wells set out to drive from Jamestown to Fargo in his Packard sedan. His wife and three guests, one of whom was the plaintiff Eddy, accompanied him. There had been a sleet storm the night before they started and the roads were icy and slippery. However, Wells was an experienced driver and they drove along at from 35 to 40 miles an hour. Eddy had had experience in driving an automobile and he realized that the roads were slippery and that there was some danger in driving rapidly over them. He sat in the rear seat with the two other guests. He thought they were traveling too fast considering the roads and though he did not remonstrate with Wells he remarked generally to his companions that the roads were treacherous. As they approached a hill somebody in the back seat made a remark, and, in the words of the plaintiff "Wells turned his head just a little bit and the car lost the alinement and he tried to straighten it and the car shimmied and flopped and went over on its side." Eddy was hurt. He thereafter brought this action to recover for damages claimed to have been suffered by reason of the accident.