Rosenfield v. Matthews

Julius J. Olson, Justice.

Defendant appeals from an order sustaining plaintiff’s general demurrer to defendant’s first defense tendered in his answer. A brief résumé of the allegations of the complaint and of the answer as far as here involved may be helpful to intelligent discussion of the issues.

Plaintiff brought this action to recover damages for personal injuries sustained by him while riding in an automobile .driven by defendant. The complaint, in form and substance the same as is customarily used in actions of this type, charges negligence in the management and driving of the vehicle. In…