Cunningham Ex Rel. Cunningham v. Haynes

The question presented by this appeal is whether the complaint sufficiently alleges a cause of action for joint and concurring negligence on the part of the defendants. This requires an examination of the allegations of the complaint with particular reference to the matters challenged by the demurring defendants.

The material facts alleged, upon which the action is based, may be briefly stated as follows :

On Saturday, 7 August, 1937, the plaintiff was a passenger in an automobile which belonged to and was used by defendants Haynes for the convenience and pleasure of the family and which was…