Clark v. Tarr

GIVENS, Justice.

A general demurrer to appellant’s second amended • complaint was sustained and consequent judgment of dismissal entered, on the theory the complaint did not state a cause of action because no negligence of the bus driver in making the transfer delineated in the complaint could proximately cause appellant’s injury; and lack of authority of the driver to bind his principal in the transaction narrated.

The salient allegations of the complaint, perforce admitted by the general demurrer, are:

' That September 10, 1953 appellant was a pay passenger in one of respondent Company’s buses…