Zerder v. Friman Holding Co.

The complaint charges the defendant Friman Holding Co., Inc., as owner of certain premises, with negligence in the hiring of painters to work in the plaintiff’s apartment, and that by reason of the defendant’s failure to exercise due care in employing honest servants the plaintiff was damaged by having certain property stolen without any negligence on her part. It is axiomatic that on a motion of this nature the complaint is given the benefit of every favorable inference to be drawn from the facts pleaded and that for the purposes of the motion the truth of all the facts alleged is admitted.…