Buffat v. Schnuckle

SMITH, Justice.

Appellant brought this action to recover damages on account of personal injuries received in an automobile accident which occurred while riding in an automobile driven by respondent.

The pleadings and appellant’s evidence present the question whether at the time of the accident appellant was a passenger or whether he was a guest of respondent.

Appellant in his amended complaint alleges that at the time of the accident both he and respondent in effect were fellow servants acting within the scope of their common employment for a common master, *317and alleges respondent’s ordinary…