KELLY, J. (dissenting).
Plaintiff herein filed his declaration to recover damages caused as the result of an automobile accident which occurred some time between 2 and 3:30 a.m. on August 21, 1960, while he was a passenger in a car driven by defendant, Stanley E. King. Plaintiff claims to have been a passenger for hire in the King automobile on the date of the accident when said automobile collided with an abutment located on Hawley highway, Kenne township...
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