Elrod v. King

Bell, Judge.

In the amended petition it was charged, “The defendant Mechanical Service Company had actual knowledge after installation that the blower control system was not functioning in a usual and proper manner, and in spite of such knowledge it failed and neglected to- either correct said malfunction or to warn the plaintiff of the danger thereof.” (Emphasis added.)

The defendants York Corporation and Minneapolis-Honeywell Regulator Co. contend that, construing the petition against the pleader on general demurrer, it clearly appears that the direct and proximate cause of the damage to the…