Steiner v. O'Leary

Defendant moves, under rule 106 of the Rules of Civil Practice, to dismiss the complaint for insufficiency on its face.

It is alleged in the complaint that defendant owned and operated a hotel and that plaintiff was a guest; that the hotel was completely burned and that all of plaintiff’s wearing apparel and other personal property, which were in her room at the time, were destroyed. There is no allegation in the complaint that the fire was caused by any negligence of the defendant. It is contended by the defendant that for lack of such an allegation the complaint is demurrable.

Under the…