Burroughs v. Michel

The opinion of the court was delivered by

Thiele, J.:

This appeal is from an order overruling a demurrer to plaintiff’s petition.

Omitting formal parts, the petition alleged that plaintiff, then a servant of and in the employ of defendant Peters, was riding in an automobile driven by defendant Michel acting as the agent and servant of defendant Peters, and over which automobile plaintiff had no management or control; that the automobile was struck by another automobile driven by defendant Abel, resulting in plaintiff receiving injuries. The petition contained the following paragraph:. “4.…