Teders v. Rothermel

Stone, Justice.

Action for personal injuries. From an order sustaining a demurrer to one part of his answer, defendant appeals.

The complaint avers as follows. In July, 1937, plaintiff, defendant, and two others planned a motor trip. The common intent was to travel from Omaha, Nebraska, to Florida and return, in defendant’s car. There was in advance an agreement that each would pay one-fourth of the cost of the needed gasoline and oil. Accordingly, each of the four did contribute to a fund from which those expenses were paid. In Florida plaintiff was injured in a collision caused by defendant’s…