Bock v. Truck & Tractor, Inc.

This was an action for the recovery of damages for personal injuries. The trial court sustained defendant’s demurrer to the complaint, con-cededly upon the ground that the pleading did not state facts sufficient to constitute a cause of action. Plaintiffs declined to plead further, and the court thereupon entered judgment dismissing the action. From that judgment, plaintiffs appealed.

Since the demurrer admits the truth of all allegations of fact well pleaded in the complaint, such allegations must now be considered as constituting the sole and actual facts in this case. We shall set forth…