Crosby v. Crosby

Plaintiff, the mother of the minor defendant, seeks to recover for personal injuries received while riding with him in his automobile, which she alleges were' caused by his negligence. The complaint makes no mention of the relationship of the parties. A motion was made to dismiss the complaint under rule 107 of the Rules of Civil Practice, the ground therefor being defendant’s infancy, a defect which did not appear on the face of the complaint. Plaintiff’s affidavit in opposition states facts from which it might be found that defendant was emancipated; that he earned from twenty-five to…