Whitehead

The appeal is from an order sustaining a demurrer to appellants’ second amended complaint and dismissing the suit with prejudice. The question presented is whether the pleading states a cause of action. In their original complaint appellants named as defendants, in addition to appellee Republic Gear Company, the Morrison Mill Company and one of its employees. Recovery was sought for damages growing out of a collision between a coupe operated by appellant Whitehead, in which appellant Peck was a passenger, and a truck owned by the Mill company and operated by its employee. Appellee’s negligence contributing to the collision was alleged to have arisen from the manufacture and sale of a defective axle installed in the truck. The amended complaint, from the dismissal of which the appeal was taken, omitted previous specific allegations of negligence on the part of the Mill company and its employee, but retained in amplified form allegations of negligence attributed to appellee.

In substance it was alleged that appel-lee manufactured and sold to a distributor an axle which appeared to be suitable and safe for installation in a truck of the type *85 owned by the Morrison Mill Company,…