Welder v. Washington Temperance Ass'n

DONOVAN, District Judge.

This matter is before the Court on the third-party defendant’s motion to dismiss the first cause of action in plaintiff’s amended complaint.

Plaintiff commenced this action against defendant Washington Temperance Association (herein referred to as association) to recover a $6,500 balance of a judgment against one Herbert H. Hill, on the theory that Hill was in the course of his employment at the time he was driving a motor vehicle owned by the association, which vehicle collided with Sauer’s car, causing plaintiff’s damage.1

The association, by order of Court, impleaded…