Fox v. Western New York Motor Lines, Inc.

Plaintiff suffered physical injuries in a collision between an omnibus owned and operated by the defendant Western New York Motor Lines, Inc., and an automobile truck which was driven by the defendant Harloff. The plaintiff was a passenger in the automobile truck. He brought an action to recover his damages against the defendant corporation, alleging that his injuries were due to the negligence of the defendant corporation.

He did not join the defendant Harloff as a party defendant in the action nor in the complaint did he make any allegation as to the care or lack of care of Harloff.

After the…