Fairman v. Mors

The question for decision in this case is whether, in the absence of an allegation either (1) of facts showing that he was a passenger for hire or (2) of facts amounting to wilful misconduct or intoxication, a complaint for personal injuries received by an occupant of an automobile owned and operated by another states a cause of action.

After a demurrer to plaintiff’s original complaint had been sustained, his amended complaint stated substantially as follows : that in June, 1941, “defendant was driving, operating, managing, and controlling” a sedan automobile on a business highway; that…