CARR, J.
While riding in an automobile, owned and driven by defendant, plaintiff sustained personal injuries in a traffic accident occurring March 1, 1952, on a public street in the city of Midland. Claiming that his injuries were the result of negligence on the part of the defendant, plaintiff brought suit to recover damages. In his declaration he alleged that at the time of the occurrence he was "assisting the defendant, as his agent, in delivering and selling peanuts...
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