Montgomery v. Service Oil Co., Inc.

Stukes, J.:

The complaint in this action for damages resulting from a collision between plaintiff’s passenger automobile and a truck alleges that the defendant, Service Oil Company, Inc., owned the truck which it leased to its co-defendant, War Emergency Cooperative Association, in 1945 and thereby gave control of it as if it were owned by the lessee. It is then alleged “that the tractor (truck) of the defendants herein, driven by their agent and servant”, was operated negligently, carelessly, willfully and recklessly, in specified particulars, at the time of the collision. Other allegations…