Kendall v. Borofsky

This is an action to recover for personal injuries alleged to have been received by the plaintiff while riding on the front seat of an automobile being driven by the defendant as a result of a collision between this automobile and an automobile being operated by Miss Dorothy Gleason. The complaint charges the defendant with gross negligence and with ordinary negligence and alleges that the position of the plaintiff was not that of a mere invitee or guest, and that under the circumstances the defendant owed him the duty to refrain from ordinary negligence. At the outset of the trial the…