McGillivary v. Montgomery Ward & Co.

Plaintiff brought this action to recover compensation for personal injuries while moving an article of merchandise into a store or warehouse owned and operated by defendant. The defendant demurred to the complaint upon the ground that it did not state facts sufficient to constitute a cause of action. The demurrer was sustained. Plaintiff abiding his pleading, the cause was dismissed. He appeals. The error assigned is in sustaining the demurrer and entering judgment of dismissal.

The complaint alleged the following facts: Appellant was employed by respondent as a shipping clerk in respondent’s…