Ward v. Dwyer

The opinion of the court was delivered by

Smith, J.:

This is an action for damages alleged to have been sustained when plaintiff had alighted from an automobile being driven by defendant. Judgment was for the defendant, sustaining an objection of defendant to the introduction of any evidence by the plaintiff following plaintiff’s opening statement and sustaining defendant’s demurrer to plaintiff’s amended petition and opening statement, and from an order giving defendant judgment upon the opening statement.

The petition alleged that on the day in question plaintiff was a pay passenger riding…