Hall v. Smith

WAIT, J. The plaintiff was injured in consequence of what, it is admitted, could be found to be negligent operation by the defendant of an automobile in which both were riding. The accident happened on Sunday, May 1, 1927. The plaintiff was riding in the automobile while travelling to obtain a tool which he needed to use in performing a task which the defendant had on that day hired him to perform. They were on their way to the place of performance. The task could be found to be neither an act of charity nor of necessity. No allegation of gross negligence was made in the declaration.