Darman v. Zilch

This is an action of trespass on the case for negligence, and is now before the court on the plaintiff’s exception to the action of the superior court in sustaining a demurrer to the declaration.

The allegations in the declaration, which is in two counts, set out in substance that, at the time of the accident referred to, the plaintiff was the owner of a certain automobile and was riding therein in the rear seat as a passenger, in the exercise of due care, such automobile not being under his care and direction. The defendant, it is alleged, was employed by the plaintiff as his chauffeur, and…