Burke v. Firestone Tire & Rubber Co.

This case is here on the plaintiff’s appeal from an order sustaining a demurrer to her amended declaration.

The first count of the declaration simply alleges that on March 15, 1942, while the plaintiff was lawfully riding in a motor vehicle on a named public highway she sustained personal injuries owing to the negligence of the defendant. To this is added an allegation of damages from physical and mental suffering, expense, and loss of working ability, and a statement that the action arises “out of the operation of *373a motor vehicle.” The second count, added by amendment, alleges that on March…