TAPLEY, Justice.
These cases are before us on defendant’s appeals from denial of motions for judgments notwithstanding the verdicts, and for new trials based on refusal of the presiding Justice to give certain requested instructions to the jury. The cases were tried in the Superior Court, within and for the County of Oxford, resulting in judgments for the plaintiffs. Plaintiff, Elizabeth M. Corbett, a lady of 54 years, drove from her home in South Paris to the defendant’s residence in West Paris for the purpose of enabling the defendant, Mrs. Curtis, who was at the time 67 years of age and in possession of a learner’s permit, to practice her driving. Mrs. Curtis had previously taken driver’s training instructions and had done some driving but felt that she needed more practice in turning and backing the car. Upon the plaintiff’s arrival at the home of Mrs. Curtis in West Paris the two ladies entered the defendant’s automobile. Because of the steepness of the driveway Mrs. Corbett backed the car out of the yard and after it got on Pioneer Street Mrs. Curtis took over the operation of the motor vehicle with Mrs. Corbett seated on the passenger’s side of the front seat. With Mrs. Curtis driving they proceeded along Pioneer Street and entered the main highway, then they went to the home of one Thalia Curtis who lived nearby, briefly stopping for the purpose of inquiring about directions, after which they continued on to a one-lane dirt road which led toward a bridge spanning Little Andro-scoggin River. Their destination was a gravel pit on the other side of the river in which Mrs. Curtis understood there was ample room to practice turning and parking the car. At a point near the bridge defendant Curtis, who was operating the car, stopped and discussed with plaintiff Corbett the question as to whether she should continue to operate the car across the bridge. After a brief discussion of the question it was decided that Mrs. Curtis should continue in the operation of the car. According to the photograph of the bridge it was an old wooden bridge sufficient in width to accommodate an automobile. As the car was being driven over the bridge it suddenly veered to the right at about midway across and dropped into the river a short [405]*405distance below. Neither party could explain why the car suddenly changed its direction and went off the bridge into the river.
The defendant contends (1) that the doctrine of assumption of risk applies; (2) that plaintiff was guilty of contributory negligence as a matter of law; and (3) that the evidence was insufficient to warrant a finding that negligence of defendant was proximate cause of plaintiff’s injuries.
The defendant was operating the motor vehicle by right of a learner’s permit under provisions and by authority of 29 M.R.S.A., Sec. 537:
“No person shall operate a motor vehicle upon any way in this State unless licensed according to this Title. This section shall not prevent the operation of a motor vehicle by an unlicensed person, not less than 15 years of age who holds an instruction permit, if riding beside a licensed operator in said vehicle for the purpose of becoming familiar with the use and handling of a motor vehicle preparatory to taking out license for driving, and provided such unlicensed person has not theretofore had a license revoked, suspended or finally refused.”
The necessity for the plaintiff being in the automobile on this occasion was because of the statutory requirement of Sec. 537. According to the pre-trial order, “The purpose of the ride was to enable defendant to practice driving.” The intent of Sec. 537 is well expressed in Blanchard v. City of Portland, 120 Me. 142 where the court said, on pages 145, 146, 113 A. 18, on page 19:
“This provision was evidently intended to enable an inexperienced person to learn to operate a motor vehicle by operating it under the supervision and instruction of a licensed operator. The words, ‘riding with or accompanied by a licensed operator’ mean that the licensed operator shall ride with or accompany the unlicensed person, under such conditions and in such proximity that he can maintain the supervision over the unlicensed person necessary for safety, and render assistance, if need be, with reasonable promptness. * * * It is also clear that the unlicensed operator must be operating the vehicle in company with the licensed operator ‘for the purpose of becoming familiar with the use and handling of a motor vehicle, preparatory to taking out license for driving,’ not necessarily for the sole purpose of becoming familiar with the vehicle, but that purpose must be present in his mind.”
Under the particular circumstances of this case, neither the plaintiff nor the defendant are able to explain what caused the car to suddenly veer off the bridge and into the stream below. The plaintiff must first prove the negligence of the defendant and it is apparent that it can only be done through the doctrine of res ipsa loquitur.
“The maxim of res ipsa loquitur, ‘the thing itself speaks,’ might, in practice, be translated, ‘the accident spells negligence.’ It does not dispense with the requirement that the one who alleges negligence must prove it. It is a rule of evidence that relates to the mode of proof. It is applicable, where there has been an unexplained accident, and the instrument that caused the injury was under the management or control of the defendant, and in the ordinary course of events the accident would not have happened if the defendant had used due care.” (emphasis supplied). Stodder v. Coca-Cola Bottling Plants, Inc., 142 Me. 139, at 142, 48 A.2d 622, at 624.
“The doctrine of res ipsa loquitur is not substantive law. It does not need to be alleged in the declaration. It is a rule of evidence which warrants, but does not compel an inference of negligence. The doctrine does not affect the burden of proof. It merely shifts the burden of evidence. The defendant, who knows or should know, must explain. The rule applies where the accident is unexplained [406]*406and the instrument causing the injury was under the management and control of the defendant, and the unexplained accident is one which does not ordinarily occur if due care is used.” (emphasis supplied). Cratty v. Samuel Aceto & Co., 151 Me. 126, at 132, 116 A.2d 623, at 627.
“Where an automobile, and the operation thereof, are exclusively within the control of the defendant, whose guest is injured, and it is not reasonably in the power of such guest to prove the cause of the accident, which is one not commonly incident, according to everyday experience, to the operation of an automobile, the occurrence itself, although unexplained, is prima facie evidence of negligence on the part of the defendant. Res ipsa loquitur — the thing speaks for itself.” Chaisson v. Williams, 130 Me. 341, 346, 156 A. 154, at 157.
If plaintiff fails to prove the elements of res ipsa loquitur she cannot prevail. The record shows that the defendant was operating the vehicle and that without warning it suddenly veered off the bridge for no apparent reason. In addition to these elements she must prove the defendant had “exclusive control” as in Chaisson, supra, or as it is expressed in Stodder, supra and Cratty, supra, “management or control.” This court in J. & Jay, Inc. v. E. Perry Iron & Metal Co., Inc., 161 Me.
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TAPLEY, Justice.
These cases are before us on defendant’s appeals from denial of motions for judgments notwithstanding the verdicts, and for new trials based on refusal of the presiding Justice to give certain requested instructions to the jury. The cases were tried in the Superior Court, within and for the County of Oxford, resulting in judgments for the plaintiffs. Plaintiff, Elizabeth M. Corbett, a lady of 54 years, drove from her home in South Paris to the defendant’s residence in West Paris for the purpose of enabling the defendant, Mrs. Curtis, who was at the time 67 years of age and in possession of a learner’s permit, to practice her driving. Mrs. Curtis had previously taken driver’s training instructions and had done some driving but felt that she needed more practice in turning and backing the car. Upon the plaintiff’s arrival at the home of Mrs. Curtis in West Paris the two ladies entered the defendant’s automobile. Because of the steepness of the driveway Mrs. Corbett backed the car out of the yard and after it got on Pioneer Street Mrs. Curtis took over the operation of the motor vehicle with Mrs. Corbett seated on the passenger’s side of the front seat. With Mrs. Curtis driving they proceeded along Pioneer Street and entered the main highway, then they went to the home of one Thalia Curtis who lived nearby, briefly stopping for the purpose of inquiring about directions, after which they continued on to a one-lane dirt road which led toward a bridge spanning Little Andro-scoggin River. Their destination was a gravel pit on the other side of the river in which Mrs. Curtis understood there was ample room to practice turning and parking the car. At a point near the bridge defendant Curtis, who was operating the car, stopped and discussed with plaintiff Corbett the question as to whether she should continue to operate the car across the bridge. After a brief discussion of the question it was decided that Mrs. Curtis should continue in the operation of the car. According to the photograph of the bridge it was an old wooden bridge sufficient in width to accommodate an automobile. As the car was being driven over the bridge it suddenly veered to the right at about midway across and dropped into the river a short [405]*405distance below. Neither party could explain why the car suddenly changed its direction and went off the bridge into the river.
The defendant contends (1) that the doctrine of assumption of risk applies; (2) that plaintiff was guilty of contributory negligence as a matter of law; and (3) that the evidence was insufficient to warrant a finding that negligence of defendant was proximate cause of plaintiff’s injuries.
The defendant was operating the motor vehicle by right of a learner’s permit under provisions and by authority of 29 M.R.S.A., Sec. 537:
“No person shall operate a motor vehicle upon any way in this State unless licensed according to this Title. This section shall not prevent the operation of a motor vehicle by an unlicensed person, not less than 15 years of age who holds an instruction permit, if riding beside a licensed operator in said vehicle for the purpose of becoming familiar with the use and handling of a motor vehicle preparatory to taking out license for driving, and provided such unlicensed person has not theretofore had a license revoked, suspended or finally refused.”
The necessity for the plaintiff being in the automobile on this occasion was because of the statutory requirement of Sec. 537. According to the pre-trial order, “The purpose of the ride was to enable defendant to practice driving.” The intent of Sec. 537 is well expressed in Blanchard v. City of Portland, 120 Me. 142 where the court said, on pages 145, 146, 113 A. 18, on page 19:
“This provision was evidently intended to enable an inexperienced person to learn to operate a motor vehicle by operating it under the supervision and instruction of a licensed operator. The words, ‘riding with or accompanied by a licensed operator’ mean that the licensed operator shall ride with or accompany the unlicensed person, under such conditions and in such proximity that he can maintain the supervision over the unlicensed person necessary for safety, and render assistance, if need be, with reasonable promptness. * * * It is also clear that the unlicensed operator must be operating the vehicle in company with the licensed operator ‘for the purpose of becoming familiar with the use and handling of a motor vehicle, preparatory to taking out license for driving,’ not necessarily for the sole purpose of becoming familiar with the vehicle, but that purpose must be present in his mind.”
Under the particular circumstances of this case, neither the plaintiff nor the defendant are able to explain what caused the car to suddenly veer off the bridge and into the stream below. The plaintiff must first prove the negligence of the defendant and it is apparent that it can only be done through the doctrine of res ipsa loquitur.
“The maxim of res ipsa loquitur, ‘the thing itself speaks,’ might, in practice, be translated, ‘the accident spells negligence.’ It does not dispense with the requirement that the one who alleges negligence must prove it. It is a rule of evidence that relates to the mode of proof. It is applicable, where there has been an unexplained accident, and the instrument that caused the injury was under the management or control of the defendant, and in the ordinary course of events the accident would not have happened if the defendant had used due care.” (emphasis supplied). Stodder v. Coca-Cola Bottling Plants, Inc., 142 Me. 139, at 142, 48 A.2d 622, at 624.
“The doctrine of res ipsa loquitur is not substantive law. It does not need to be alleged in the declaration. It is a rule of evidence which warrants, but does not compel an inference of negligence. The doctrine does not affect the burden of proof. It merely shifts the burden of evidence. The defendant, who knows or should know, must explain. The rule applies where the accident is unexplained [406]*406and the instrument causing the injury was under the management and control of the defendant, and the unexplained accident is one which does not ordinarily occur if due care is used.” (emphasis supplied). Cratty v. Samuel Aceto & Co., 151 Me. 126, at 132, 116 A.2d 623, at 627.
“Where an automobile, and the operation thereof, are exclusively within the control of the defendant, whose guest is injured, and it is not reasonably in the power of such guest to prove the cause of the accident, which is one not commonly incident, according to everyday experience, to the operation of an automobile, the occurrence itself, although unexplained, is prima facie evidence of negligence on the part of the defendant. Res ipsa loquitur — the thing speaks for itself.” Chaisson v. Williams, 130 Me. 341, 346, 156 A. 154, at 157.
If plaintiff fails to prove the elements of res ipsa loquitur she cannot prevail. The record shows that the defendant was operating the vehicle and that without warning it suddenly veered off the bridge for no apparent reason. In addition to these elements she must prove the defendant had “exclusive control” as in Chaisson, supra, or as it is expressed in Stodder, supra and Cratty, supra, “management or control.” This court in J. & Jay, Inc. v. E. Perry Iron & Metal Co., Inc., 161 Me. 229, 210 A.2d 462, in considering the application of res ipsa loquitur, cites with approval those cases requiring the vehicle to be under the “management and control” of the defendant. It also cites Chaisson v. Williams, supra, which holds that the vehicle must be under the “exclusive control” of the operator. In view of the fact that some states have rule of “exclusive control,” we think that where Maine has the maxim of res ipsa loquitur that the requirement of “under management and control” is preferable to “exclusive control.” The pertinent question now is, did the defendant have management and control of the vehicle at the moment it, for some unexplained cause or reason, suddenly veered off the bridge?
The negligence charged against the defendant must be based on action within the defendant’s control. J. & Jay, Inc. v. E. Perry Iron & Metal Co., Inc., supra. It was a factual question for the jury to determine whether or not the defendant had the management and control of the vehicle at that moment when the car suddenly veered. This is true in spite of the fact that the statute required the plaintiff to maintain supervision over and render assistance, if need be, to the defendant in her operation of the motor vehicle. After the car driven by the defendant started across the bridge the testimony described the action as follows:
“Q. Now, you started ahead. When you started ahead, did Mrs. Corbett assist you in any way ?
A. Yes, because there was a question of turning that sharp turn.
Q. Yes.
A. And she helped me to make the sharp turn.
Q. And then you got straightened out, started across the bridge, is that right ? And what was Mrs. Corbett doing then?
A. She was sitting there.
Q. Sitting in the passenger’s side?
A. Yes.
Q. When — Do you know what caused the accident?
A. No.
Q. You don’t — what did happen? What was the next thing you did, or remember happening?
A. The next thing, we were in the river.
[407]*407Q. You don’t know how you got there. Did you hear a crash ?
A. Yes.
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Q. Driving straight ahead?
A. Yes.
Q. Having any conversation with Mrs. Corbett?
A. No.”
There is testimony in the case which plainly demonstrates the fact that the plaintiff, Mrs. Corbett, as they approached the bridge asserted some control over the motion of the car by putting her hand on the wheel guiding the car to the right. There is nothing in the evidence to indicate that after they had started across the bridge that the complete management and control of the vehicle was in anyone other than Mrs. Curtis, the defendant. There were no suggestions, advice or physical interference on the part of the plaintiff influencing the control of the vehicle by the driver while it was traversing the bridge. Mrs. Corbett testified in substance that she exerted some control over the vehicle just before entering onto the bridge.
“Q. Was that before you got on the bridge ?
A. Yes, before we got to the bridge.
Q. And then what did you do?
A. Then I sat back and we proceeded along, she proceeded along herself.
Q. Was she driving straight across the bridge ?
A. Yes.
Q. Wht next occurred?
A. I don’t know. I woke up in the water, next thing you know.”
The question whether or not the defendant was in management and control of the vehicle when it veered off the bridge was one of fact for the jury. The jury was properly instructed as to the res ipsa loqui-tur doctrine and by their finding of liability it is obvious that they determined factually that the defendant was in the management and control of the vehicle at the time of the mishap.
The defendant further contends that the plaintiff should not recover because she assumed the risk and, further, that she was guilty of contributory negligence as a matter of law.
The evidence discloses that Olive Curtis, the defendant, a lady of 67 years, obtained a driver’s permit in September of 1962, some five years previous to which she had taken some training from a teacher. She also had driven with her husband occasionally and twice with the plaintiff, Mrs. Corbett, who, incidentally, was a niece of Mrs. Curtis’ husband. The trip which the ladies took on the day of the accident was occasioned by the fact that Mrs. Curtis desired more experience in parking and backing the car. When Mrs. Corbett entered the car that day she was aware of the fact that Mrs. Curtis had had previous experience in driving the car, having ridden with her on two previous occasions. She also was cognizant of the fact that the purpose of the trip was to go to a place where Mrs. Curtis would be able to practice turning and backing.
In considering assumption of risk, the court in Richards v. Richards, 324 S.W.2d 400 (Ky.), at pages 401 and 402, states:
“The term presumes some danger, a knowledge thereof, and ordinarily implies an appreciation of the danger and acquiescence therein. 7 C.J.S. Assumption of Risk p. 137. The doctrine applies where one may reasonably elect whether or not he shall expose himself to a particular danger. To invoke the doctrine, it is essential that the risk or danger shall have been known to, or appreciated by, plaintiff. 65 C.J.S. Negligence § 174, pp. 848, 851.
[408]*408“Some courts regard the assumption of risk and contributory negligence as interchangeable, but there is a distinction since assumption of risk is a mental state of willingness, while contributory negligence implies a failure of plaintiff to exercise due care. Also, assumed risk is based upon voluntary exposure to danger and is applicable only to cases where the injured person might reasonably elect whether or not he should expose himself to the danger. 38 Am.Jur. ‘Negligence’, § 173, p. 847.
“In Porter v. Cornett, 306 Ky. 25, 206 S.W.2d 83, 85, we wrote, ‘In their legal effect, the two doctrines are identical. They deny the right of recovery where the injured person with a knowledge of a dangerous situation voluntarily places himself in a position where he takes the chances of being hurt.’ ”
8 Am.Jur.2d, Automobiles and Highway Traffic, Sec. 539:
“Generally, one who is licensed to operate a motor vehicle, and who voluntarily accompanies a driver who has- just received a learner’s permit for the purpose of teaching him to drive, assumes the risk of the learner’s inexperience and may not recover damages for personal injuries caused by the lack of skill or inexperience of the learner. In some cases, it has been held under the circumstances that a licensed motor vehicle operator accompanying a person driving under an instruction permit to enable the latter to comply with statutory requirements does not, as a matter of law, assume the risk of the permittee’s negligence, but that the question of assumption of risk is for the jury.”
In Richards v. Richards, supra, Edgar Richards purchased an automobile and Allen, his brother, a licensed driver, was teaching him to drive. Edgar had a beginner’s permit. Edgar, while operating the car, put his foot “too hard” on the accelerator and lost control of the car which crashed into a tree. The court held that where Allen was instructing his brother Edgar in the proper use of the controls any improper use by Edgar is a risk which Allen, the teacher, must assume. In Aloisio et al. v. Nelson et al., 27 Misc.2d 343, 209 N.Y.S.2d 674, a licensed operator was accompanying a driver having a learner’s permit in order to instruct the unlicensed operator. The unlicensed driver made a left turn and because of her inexperience and lack of skill she turned too wide which caused the car to strike a pole. The case holds that a licensed operator accompanying one with a learner’s permit assumes the risk of the permittee’s inexperience and cannot recover damages for injuries caused by the inexperience or lack of skill. A passenger who was knowledgeable of the facts that the driver had only a learner’s permit and had failed in one driver’s test assumed risk of accident which occurred solely as a result of driver’s lack of skill and experience. St. Denis v. Skidmore, 14 A.D.2d 981, 221 N.Y.S.2d 613. See LeFleur v. Vergilia et al., 280 App.Div. 1035, 117 N.Y.S.2d 244 and Troquille v. American Universal Ins. Co. (La.App.), 127 So.2d 590. The passenger assumes any risk incident to the driver’s lack of skill and inexperience if known, or should have been known, to him but not as to any acts of negligence in the operation of the car not attributable to lack of skill or inexperience. The assumption of risk carries with it the knowledge of taking a chance, while in negligence there is the unforeseen or unexpected incident, the circumstances of which may or may not demonstrate a negligent act on the part of the operator. The risk of negligent operation is not assumed if it is not caused by lack of skill or inexperience.
The weight of authority holds that a person riding with an unlicensed operator for the purpose of instructing him in the operation of the car assumes the risk of injury if it is occasioned by the lack of skill and experience of the driver. This is not so, however, if the action results from [409]*409an act of negligence on the part of the driver not attributable to his lack of skill or experience. When a person enters a car for the purposes of supervising and assisting one in possession of a learner’s permit to practice driving, and also to satisfy the requirements of Sec. 537, he is not as a matter of law subject to the rule of assumption of risk. Assumption of risk is an affirmative defense with the burden of proof on the defendant. M.R.C.P. Rule 8 (c); Field & McKusick, Sec. 8.10; Restatement, Torts (2nd ed.), Sec. 496-G. The assumption of risk under the circumstances of the instant case is a jury question. Roberts et al. v. Craig et al., 124 Cal.App.2d 202, 268 P.2d 500, 43 A.L.R.2d 1146. See Annotation in 43 A.L.R.2d at page 1162.
Counsel for the defendant claims error on the part of the court in declining to give the following requested instructions:
“A licensed motor vehicle operator who voluntarily accompanies a defendant who has a learner’s permit, in the defendant’s automobile for the purpose of teaching the defendant to drive, assumes the risk of the defendants’ inexperience and can not recover damages for personal injuries caused by a lack of skill or inexperience of the defendant.
“The licensed operator shall ride with or accompany the unlicensed person, under such conditions and in such proximity that he can maintain the supervision over the unlicensed person necessary for safety, and render assistance, if need be, with reasonable promptness.”
We have carefully reviewed the charge of the presiding Justice and find that he properly instructed the jury to the degree that the defendant had suffered no prejudicial error.
In conclusion, we point out that where neither occupant of the motor vehicle was able to testify as to the cause of the car suddenly veering to the right of the bridge and dropping into the water the application of the rule of res ipsa loquitur to these circumstances is proper. The jury apparently found, under proper instructions by the Court, that the plaintiff had proven all the elements of res ipsa loquitur and thereby determined negligence on the part of the defendant, and that there was no sufficient evidence in the case that any lack of skill or inexperience on the part of the defendant in the operation of the car was the proximate cause of the accident.
We find sufficient evidence to warrant jury verdict.
The entry will be,
Appeals denied.
WEBBER and RUDMAN, JJ., did not sit.