McMillen v. Summunduwot Lodge No. 3

The opinion of the court was delivered by

Hutchison, J.:

The appeal in this case is by the defendant from the order of the trial court overruling its demurrer to the amended petition of the plaintiff.

The defendant urges two particular reasons why the amended *503petition is insufficient to state a cause of action against the defendant: First, that appellant is a charitable and benevolent organization and is, therefore, not liable in damages for the negligence of its employee; and second, that the petition as amended fails to allege any actionable negligence against appellant.

The amended petition…