holding that demurrer improperly granted because dropping bottle of flammable liquid was reasonably probable such that it was not an intervening cause in action against bottle manufacturer
How later courts described this case
- holding that demurrer improperly granted because dropping bottle of flammable liquid was reasonably probable such that it was not an intervening cause in action against bottle manufacturer
Written by the judges who cited it.
The opinion
PRICE, J.,
dissenting: I am in general accord with what is said in the dissenting opinion of Mr. Justice Schroeder, but wish merely to add these few words:
In my opinion the allegations of the second amended petition are subject to but one construction — and that is that the sole proximate cause of plaintiffs injuries was the negligence of her fellow employee in dropping the gallon bottle to the floor. The demurrer was properly sustained.