Taylor v. Austin

As to the demurrers, the sole contention of the plaintiff in error is that neither count sets out a cause of action based on lack of ordinary care only, for which reason it was error to overrule certain demurrers to count 2 of the petition; and also error, as assigned in the 3rd special ground of the amended motion for new trial, to charge the jury that, in substance, the plaintiff alleges that the defendant was substantially benefited by carrying her to the doctor (which was the errand on which the women were engaged at the time of the collision), and owed her a duty to exercise ordinary…