Poznanovic v. Gilardine

Defendant appeals from the order denying a new trial, the court having granted plaintiff’s motion for judgment upon the pleadings.

The complaint alleges that on April 25, 1925, plaintiff let his automobile for hire to defendant to take a trip with his family and friends; that while so using it defendant, in attempting to pass another car on the road, drove at an excessive and unlawful speed of 45 miles an hour, and in a careless, reckless, wanton and negligent manner steered the automobile into the ditch, completely demolishing the same; and that such destruction of plaintiff’s car was caused…