Moore v. Cruit

GARDNER, Justice.

Plaintiff was riding as a guest in a car driven by' one Vickery, which collided in the public road with a school bus operated by one Malone, as the agent of defendant Moore, and acting in the line and scope of his duties. There was judgment for plaintiff, and defendant appeals.

The demurrer to count 1 was properly overruled (McQueen v. Jones, 226 Ala. 4, 145 So. 440 : Ruffin Coal & Transfer Co. v. Rich, 214 Ala. 622, 108 So. 600), and, likewise, as to count 3. Shelby Iron Co. v. Morrow, 209 Ala. 116, 95 So. 370.

It was plaintiff’s theory that the 'car in which he was riding as…