Moffitt v. Dean

E. G. Moffitt sued T. A. Dean for damages for personal injuries and for property damage to plaintiff’s automobile allegedly sustained as the result of the defendant’s negligence. The defendant demurred to the petition generally and specially. The trial court sustained the demurrers and dismissed the action, and the exception here is to that ruling.

The plaintiff’s petition alleged that he offered his automobile for sale; that the defendant desiring to try it out as a prospective purchaser was permitted to drive the automobile while the plaintiff accompanied him, sitting on the front seat, “as…