after stating the case: The facts of the instant case are so nearly like those in the case of Parker v. R. R., 181 N. C., 95, and the principles of law applicable are so thoroughly discussed in that case, with full citation of authorities, that we deem it unnecessary to do more than refer to the Parker case, as authority for reversing the present judgment of nonsuit. See, also, McLellan v. R. R., 155 N. C., 1.
The evidence of negligence is plenary, and even though Cope, the driver of the truck, may have been guilty of negligence, which also contributed to the plaintiff’s intestate’s injury and death, still the plaintiff would be entitled to have the case submitted to the jury, for, in this jurisdiction, the negligence of the driver of a public or private conveyance is not imputed to a passenger for hire or a guest therein, unless such passenger or guest exercise some kind of control or authority over the driver of the conveyance. Duval v. R. R., 134 N. C., 331; White v. Realty Co., 182 N. C., 536; 20 R. C. L., 163.
*444Nor can it be said, as a matter of law, from the evidence appearing on the present record, that plaintiff’s intestate’s alleged contributory negligence was such as to bar a recovery. In Dyer v. Erie Ry. Co., 71 N. Y., 228, it was held (as stated in the last head-note) : “The mere fact that a person jumps from a vehicle in which he is traveling, where there is imminent danger of its coming in collision with an approaching train at a crossing, does not bar a recovery against the railroad corporation, although it appears that he made a mistake and would have escaped injury had he remained quiet.”
This position is directly upheld in Parker v. R. R., supra, and is supported, in tendency at least, by what was said in Norris v. R. R., 152 N. C., 513.
There was error in entering judgment as of nonsqit. This will be reversed and the cause remanded for trial before a jury.
Reversed.