Tubbs v. Argus

— This appeal arises as a result of demurrer to appellant’s Second Amended Complaint which was sustained and judgment entered thereon upon the failure and refusal of the appellant to plead over.

The facts material to a determination of the issues raised on this appeal may be summarized as follows:

On January 28, 1959 at approximately 12:00 Noon, the appellant was riding as a guest passenger in the right front seat of an automobile owned and operated by the appellee in the 100 block west of West Hampton Drive in the City of Indianapolis, Indiana. While traveling in an easterly direction the…