Miller v. Broce-O'Dell Concrete Products, Inc.

The opinion of the court was delivered by

Robb, J.:

This is an appeal by one of the defendants in an action for negligence from an order of the trial court overruling defendant’s demurrer to plaintiff’s petition and first amended petition. For clarity, we shall refer to Chalmers-Borton Contractors singly as tihe defendant because the partnership of C. H. Chalmers and J. T. Borton, doing business as Chalmers-Borton Contractors, is the only appealing party notwithstanding the fact the trial court in its journal entry made orders affecting pleadings of Broce-O’Dell Concrete Products, Incorporated,…