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CLARK v. TARR

No. 8127.

270 P.2d 1016 (1954)

CLARK v. TARR et al.

Supreme Court of Idaho.

May 13, 1954.

Attorney(s) appearing for the Case

A. A. Merrill, Idaho Falls, for appellant.

Bistline & Bistline, Pocatello, for J. E. Tarr, Jr.

Robert M. Terrell, Pocatello, for Herbert Fell, Jr.

GIVENS, Justice.

A general demurrer to appellant's second amended complaint was sustained and consequent judgment of dismissal entered, on the theory the complaint did not state a cause of action because no negligence of the bus driver in making the transfer delineated in the complaint could proximately cause appellant's injury; and lack of authority of the driver to bind his principal in the transaction narrated.

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