Wilson v. Miller

Plaintiff sued for damages resulting from an automobile collision. The defendant defaulted and plaintiff had judgment after trial for $1250. The defendant has appealed on the judgment-roll.

The sole point raised by appellant is that the complaint fails to state a cause of action. The complaint alleges that the defendant was the owner of and was operating a certain automobile, and that “the said plaintiff was riding in said automobile as a passenger therein”. Appropriate allegations covering defendant’s negligence and plaintiff’s injuries followed. The appellant argues that the allegation that…