Ulmen v. Schwieger

The complaint does not state facts sufficient to constitute a cause of action, in that(a) It wholly fails to disclose the causal connection between the respondent's injuries and appellant's breach of duty, if any. It is elementary that the breach of the very duty made to appear by the complaint must be the proximate cause of the injuries sustained; otherwise a cause of action is not stated. (Robinson v. F.W. Woolworth Co., 80 Mont. 431, 261 P. 253; O'Neil v.Christian, 60 Mont. 460, 199 P. 706.) While respondent details how he and his sister came upon the grade and ran headlong into the…