{
  "id": 1668811,
  "name": "Ross Paul MAY v. RYDER TRUCK RENTAL, INC.",
  "name_abbreviation": "May v. Ryder Truck Rental, Inc.",
  "decision_date": "1978-12-18",
  "docket_number": "78-174",
  "first_page": "751",
  "last_page": "752",
  "citations": [
    {
      "type": "official",
      "cite": "264 Ark. 751"
    },
    {
      "type": "parallel",
      "cite": "574 S.W.2d 264"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
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    {
      "cite": "230 Ark. 905",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
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      ],
      "weight": 2,
      "year": 1959,
      "opinion_index": 0,
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        "/ark/230/0905-01"
      ]
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    {
      "cite": "81 S.W. 2d 849",
      "category": "reporters:state_regional",
      "reporter": "S.W.2d",
      "year": 1935,
      "opinion_index": 0
    },
    {
      "cite": "190 Ark. 702",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1421824
      ],
      "year": 1935,
      "opinion_index": 0,
      "case_paths": [
        "/ark/190/0702-01"
      ]
    }
  ],
  "analysis": {
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  "last_updated": "2023-07-14T18:22:41.361067+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Harris, C.J., and Fogleman and Byrd, JJ."
    ],
    "parties": [
      "Ross Paul MAY v. RYDER TRUCK RENTAL, INC."
    ],
    "opinions": [
      {
        "text": "Darrell Hickman, Justice.\nThe only question on appeal of this case is the correctness of the trial court\u2019s ruling sustaining the demurrer to the complaint. The court was correct and the decision is affirmed.\nRoss Paul May, the appellant, filed a complaint in the Circuit Court of Pulaski County against Ryder Truck Rental, Inc., the appellee, alleging: a Ford van belonging to Ryder was stolen from Ryder\u2019s place of business; the thief, less than one hour after the theft was reported, ran the van into May\u2019s vehicle, which was legally parked, extensively damaging it; and, the damages were proximately caused by Ryder\u2019s negligence because Ryder refused or failed to adequately guard against trespass on its property, Ryder refused or failed to adequately safeguard against theft or unauthorized control of its vehicles, Ryder refused or failed to adequately protect against the van\u2019s removal from Ryder\u2019s property, and Ryder otherwise failed to act as an ordinary prudent person would.\nRyder demurred to this complaint alleging it did not state a cause of action. Ark. Stat. Ann. \u00a7 27-1115 (Repl. 1962). May, rather than seeking to amend his complaint, elected to stand on it. The court properly sustained the demurrer.\nThere is not a single act alleged that Ryder did or failed to do what was claimed to be the proximate cause of damage in the case. Although both parties argue in their briefs as though Ryder was alleged to have left a key in the vehicle, such an allegation was not made in the complaint.\nA demurrer admits all facts alleged but not conclusions. The only allegations of negligence are conclusions of law and, therefore, the demurrer was properly sustained. Herndon v. Gregory, 190 Ark. 702, 81 S.W. 2d 849 (1935); United Interchange, Inc. v. Rowe, 230 Ark. 905, 327 S.W. 2d 547 (1959).\nAffirmed.\nWe agree.\nHarris, C.J., and Fogleman and Byrd, JJ.",
        "type": "majority",
        "author": "Darrell Hickman, Justice."
      }
    ],
    "attorneys": [
      "Greg B. Brown, for appellant.",
      "Wright, Lindsey & Jennings, for appellee."
    ],
    "corrections": "",
    "head_matter": "Ross Paul MAY v. RYDER TRUCK RENTAL, INC.\n78-174\n574 S.W. 2d 264\nOpinion delivered December 18, 1978\n(Division II)\nGreg B. Brown, for appellant.\nWright, Lindsey & Jennings, for appellee."
  },
  "file_name": "0751-01",
  "first_page_order": 781,
  "last_page_order": 782
}