Fyne v. Emmett

The opinion of the court was delivered by

Thiele, J.:

This was an action to recover damages for injuries sustained by plaintiff when an automobile in which she was riding as a guest struck a culvert and upset. The defendant’s demurrer to plaintiff’s amended petition was overruled and he appeals.

As the result of the sustaining, in part, of a motion to make definite and certain, the plaintiff filed an amended petition in which she alleged that on April 22, 1950, the defendant invited her and a friend to ride from a tavern near Topeka to her home in Topeka, and further,

“3. That plaintiff entered…