Montgomery v. Allis-Chalmers Mfg. Co.

The parties will be referred to as in the court below. Sam Montgomery, the plaintiff, sued Allis-Chalmers Mfg. Company, a corporation, and the manager of its Dallas branch office, A. J. Simpson, to recover damages for personal injuries sustained by plaintiff's wife while on the premises of the corporation. The defendants filed separate answers, and, the general demurrer to plaintiff's petition, urged by each, being sustained, the suit was dismissed; hence this appeal.

It appears from plaintiff's allegation that the corporation was engaged in the business of selling, servicing and repairing…