Weiss v. Holman

One issue is raised by this appeal: Did the trial court err in ruling that the minor plaintiff’s complaint sufficiently states a cause of action based upon the violation of statute and upon common-law negligence?

The power company essentially alleges plaintiff’s complaint fails to state a cause of action sounding either in per se negligence arising from the violation of a safety statute, or common-law negligence in the placement of a power pole four feet from the roadway. The following oft reiterated rules relating to review of orders overruling or sustaining demurrers are applicable:(1)…