Pinnell v. Yellow Cab Company

The order of the trial judge in sustaining the general demurrer was in part as follows: “It will thus be seen that the cause of action, if any, must be sustained solely on the charge that the injury plaintiff sustained was proximately caused by the taxicab driver picking up this additional passenger. Though it is charged that the picking up of the additional passenger was in violation of the contract of hire, this allegation is a mere conclusion, and no facts are set out showing the terms and condi tions of the contract of hire, and even though it could be said that picking up the passenger…