Mercier v. Fidelity Casualty Co. of New York

Plaintiff has instituted suit against the Fidelity Casualty Company of New York to recover the sum of $3,560, damages for personal injuries allegedly sustained by him while a guest passenger in the automobile of John Furey, the defendant company being the liability insurer of the said Furey.

Defendant denied that the driver of the automobile, Furey, was in any way at fault. The accident is admitted, but the defense is urged that plaintiff and Furey were engaged in a joint adventure and joint expedition for their mutual pleasure on the evening and night of the accident, and that, under the then…