Lewis v. Bendinelli

The defendant demurred to plaintiff’s petition on the ground that it does not state a cause of action. Although the matter was formally submitted to the court on July 14th, the demurrer was actually filed prior to the effective date of the Buies of Civil Procedure. It will, therefore, be treated as a motion to dismiss for failure to state a claim upon which relief can be granted, pursuant to Bule 12 B.

Said petition alleges, in substance, that plaintiff was in the bar and restaurant owned and operated by the defentant at about 12:00 o’clock noon on November 30, 1969; that a customer displayed…