Liberty Mutual Insurance v. Stitzle

Appellee’s demurrers for want of facts were sustained to each of the two paragraphs of appellant’s complaint. Declining to plead further appellant suffered judgment that it take nothing and appealed assigning separately as errors the rulings on the demurrers. The paragraphs are alike except as hereinafter indicated. We have condensed most of the allegations but quote where necessary.

Appellant carried compensation insurance on S. P. Brown & Co. which operated a household furnishing department in the Herz store in Terre Haute. Max Wallrich was the manager of the department and Merle Smedley an…