Sterling v. Hartenstein

The opinion of the court was delivered by

Schroeder, J.:

This is an action for personal injuries against a defendant motor carrier of property, and his insurance carrier.

The question presented on appeal is whether the trial court erred in sustaining a motion which dismissed the action as to the insurance carrier.

The plaintiff, Harold Sterling (appellant), filed an amended petition, hereafter referred to as the petition, which alleged a cause of action on the ground of negligence. For purposes of this appeal it may be assumed the petition stated a cause of action in ordinary negligence against…