Thomas v. County of Ontario

Plaintiff brings this action against the defendants to recover for damages sustained by him through the wrecking of his airplane caused by the alleged negligent operation thereof by the defendant Elling who was at the time a deputy sheriff of Qntario County acting in his official capacity and who in behalf of said county had hired from the plaintiff said airplane for use in the performance of his official duties, and was so operating it at the time of the wrecking thereof.

This is a motion, brought on by the defendant county, to dismiss the complaint as against it on the grounds that it…