Falk v. City of Whitewater

The issue is — do the facts alleged in the amended complaint state a cause of action for negligence?

' The specific contention of appellant Peck on this appeal is that the quoted portions of the complaint do not support a cause of action for negligence “because the making of a fist in and of itself is an intentional act, and that any further act resulting therefrom is likewise intentionally done.”

The oft-repeated general rule regarding the construction of complaints when challenged by demurrer is that the pleadings:

“. . . are to be liberally construed with a view to substantial justice to the…