Ellis v. Jewett

THE COURT.

The defendants have appealed from an order granting plaintiff a new trial on the ground of error committed in the giving of certain instructions.

This is a suit for damages for injuries received as the result of an automobile accident. While driving the machine on a wet and slippery pavement it suddenly ran off the highway and overturned, injuring the plaintiff who was riding, at the invitation of defendants, in the back seat. The com plaint is couched in two counts. The first cause of action recites that plaintiff was riding “as a passenger” in defendants’ automobile at the time of…