Flammer v. Morelli

The opinion of the court was delivered bjr

Parker, J.

The infant plaintiff, at the time eight years and seven months old, while riding on the runboard of defendant’s auto truck, which was engaged in transporting ice, fell off and sustained injury. He sued by bis father as next friend (the latter also- joining his claim for damages per quod, &e.), and had a verdict and judgment in the trial court. The complaint counted upon an “invitation” to ride on the truck and alleged negligence of defendant. No objection was made to it as insufficient in law (see Kennedy v. North Jersey Street Railway Co.,…