Decker v. Hall
Citation | 125 N.E. 786,72 Ind.App. 139 |
Decision Date | 13 January 1920 |
Docket Number | 10,217 |
Parties | DECKER v. HALL |
Court | Court of Appeals of Indiana |
From LaPorte Circuit Court; James F. Gallaher, Judge.
Action by Lawrence Decker against Charles Hall. From a judgment for defendant, the plaintiff appeals.
Affirmed.
Martin R. Sutherland and Ralph N. Smith, for appellant.
Frank E. Osborn, Lee L. Osborn and Kenneth D. Osborn, for appellee.
This was an action by appellant to recover damages for injury to appellant's automobile. The complaint was in two paragraphs, to each of which a demurrer was sustained, and the court, appellant abiding by said demurrer rendered judgment against him for costs.
The errors assigned call in question the action of the court in sustaining said demurrer.
The only material parts of said paragraphs of complaint which we need notice are the following In the first paragraph it was alleged: etc.
The allegations of the second paragraph are similar to the first, except that in the second the consideration for the appellee's permitting said Fisher to have and drive the appellant's automobile is stated.
As against the demurrer, neither paragraph was sufficient. There is not in either paragraph of said complaint any allegation nor is there any claim whatever, that at the time of the accident said Fisher was in any way the agent or servant of appellee, or that he was at the time upon any errand or business of appellee. The cases of Premier Motor Mfg. Co. v. Tilford (1916), 61 Ind.App. 164, 111 N.E. 645; Martin v. Lilly (191...
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