Stoudemire v. Davis

McCLELLAN, j.

The pilaintiff, appellee, was awarded judgment for damages on account of personal injuries inflicted by appellant’s automobile while being operated uy an agent or servant. The case was submitted to the jury on counts 1 and 3. The former declared ppon simple negligence, the latter upon willful or wanton wrong, proximately causing plaintiff’s injury. It is insisted chat the court erred in overruling demurrer to these counts, the argument being' that they were rendered defective by the omission to aver that the highway, on which the parties were averred to be when the injury…