Posey Ex Rel. Posey v. Krogh

(On rehearing.) Respondents’ petitions for rehearing were granted — respondents claiming that in case an affirmance of the judgments could not be had, new trial should be allowed rather than dismissals of the actions.

The complaints show the claims are predicated entirely upon the theory that the car was a family purpose car, furnished by defendant and being used for the purposes for which it was furnished. The “guest” theory was advanced by respondents on appeal — the respondents, in the opening sentence of their brief in this court saying “these two cases arise out of the same automobile…