Murphy v. Transportation Vehicles, Inc.

Defendant moves to dismiss the complaint for insufficiency, pursuant to subdivision 4 of rule 106 of the Buies of Civil Practice. Plaintiff alleges in substance that on April 26,1955, while he was an employee of Gimbel Bros., Inc., he was riding in a vehicle which his employer had rented from defendant, the owner thereof. At the time of the accident the vehicle was being operated hv a fellow employee of plaintiff. *967A collision with another car occurred, in consequence of which plaintiff sustained serious personal injuries.

Plaintiff sues on the theory of being a beneficiary of the rental…