Fagg v. Benton Motor Co.

This appeal presents for decision the question whether a partnership is liable to the wife of one of the partners for injuries sustained while she was riding in a partnership automobile which was, at the time, being driven by the husband of the Plaintiff, who was a partner, driving the automobile on partnership business. At the time of the wreck, the automobile was being demonstrated with a view to sale, and the declaration states that the wife’s status was “as a guest, and as a sales prospect” (tr. p. 5).

The Circuit Judge sustained a demurrer to the declaration and to the amended…