Smith v. . Sink

This is an appeal by the corporate defendant from judgment overruling its demurrer grounded upon the contention that the complaint does not state facts sufficient to constitute a cause of action against it, since it appears from the complaint that the negligence of the defendant Sink was the sole proximate cause of the death of the plaintiff's intestate.

The complaint alleges that on 12 January, 1936, the plaintiff’s intestate met his death while riding as a guest in an automobile owned and driven by the defendant Sink; that the automobile was driven in a negligent manner in that it was driven…