Shanley v. American Olive Co.

The plaintiff sues to recover damages arising from bodily injuries to himself, alleged to have been caused by the negligence of the defendant. After the filing of its answer, the defendant moved for judgment in its favor on the pleadings. 'This motion was sustained by the court and judgment was entered accordingly. The plaintiff appeals.

[1] The effect of such motion by defendant was to admit the truth of all the allegations of the complaint. The answer must be disregarded. The sole question is whether or not the facts stated in the complaint constitute a cause of action against the defendant.…