Rosenhoff v. Schaul

(After stating the foregoing facts.) The only ground of special demurrer specifically referred to in the brief of counsel for the plaintiff in error was aimed at the allegation that the plaintiff requested permission to sit on the front seat with the defendant, who was driving the automobile, and that her request was refused. The demurrer questioned the relevancy of this averment to show gross negligence on the part of tlie defendant. We think the allegation was pertinent to illustrate how intently he was engaged in conversing with the person already seated with him, when he should have been…