Maloy v. Foster

In the determination of the motion we are restricted entirely to the allegations of the complaint. The facts alleged are deemed to be true. Every reasonable intendment is in favor of the complaint, and it must be sustained if, on any theory on the facts alleged, plaintiff is entitled to recover.

In substance, the complaint alleges that on or about the 2d day of July, 1937, the plaintiff’s husband, while a pedestrian upon a public highway, sustained serious personal injuries by reason of the negligence of the defendant in operating a motor vehicle owned by him; that such injuries were due…