Seleine v. Wisner

To the petition of plaintiff the defendant interposed two challenges: (1) by motion to strike certain allegations, and (2) by a demurrer. From the rulings adverse to plaintiff, this appeal is taken.

The pleaded facts pertinent and material on the consideration of this cause are as follows:

“That, on July 2 and 3, 1921, the plaintiff was a passenger in a certain automobile owned by the defendant, Gilman H. Wisner, and then being driven and operated solely by Carroll Crockett, a half brother of Gilman H. Wisner, who was using and operating the said automobile by and with the consent of the owner…