Montgomery v. Allis-Chalmers Mfg. Co.

I am not in accord with the majority opinion. The action of the trial court in sustaining demurrer to plaintiff's petition is warranted on two grounds; first, the petition is insufficient to charge the defendants with actionable negligence; and, second, that it conclusively shows that the injured party was guilty of contributory negligence as a matter of law. Manifestly, if plaintiff's petition is not sufficient to sustain liability, certainly the facts on trial would not support a judgment; the trial on the merits can be no stronger in law than the allegations of the petition. Therefore, we…