CAPITAL AUTOMOBILE COMPANY v. Shinall

Felton, Chief Judge.

On the question of the overruling the motion to dismiss the action, the contention by Capital Automobile Company that the petition fails to show that it owed a duty to- the plaintiff is without merit. While there is no duty on the part of the automobile company to give such instructions as are alleged in the petition, we think that under the circumstances alleged such a relationship existed between the parties as would make it a duty on the part of the automobile company to exercise ordinary care in warning the plaintiff against the hazard incurred in carrying out the…