Malloy v. Hibernia Savings & Loan Society
California Supreme Court
Malloy v. Hibernia Savings & Loan Society, 3 Cal. Unrep. 76 (Cal. 1889)
21 P. 525; 1889 Cal. LEXIS 1095
Thornton
Malloy v. Hibernia Savings & Loan Society
Opinion of the Court
This action was brought by the father against the defendants for negligently causing the death of his minor child. The complaint was demurred to on the ground that it did not state facts sufficient to constitute a cause of action. The demurrer was sustained. This ruling on the demurrer presents the only point for consideration. We have examined the complaint and are of opinion that the court erred in its ruling on the demurrer. The judgment is therefore reversed and the cause remanded, with directions to the court below to overrule the demurrer to the complaint. So ordered.
We concur: McFarland, J.; Sharpstein, J.
Reference
- Full Case Name
- MALLOY v. HIBERNIA SAVINGS & LOAN SOCIETY
- Cited By
- 7 cases
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- Syllabus
- Negligence — Dangerous Premises—Pleading.—A complaint alleged that defendants were the owners of a certain lot in San Francisco; that on or about a certain day they did unlawfully, wrongfully, and negligently maintain thereon, and about ten feet from a public traveled street, a privy-vault, filled to the surface with the contents thereof, and of the depth of ten feet, without any guard or protection, and without any inclosure to separate it from the public street; that prior thereto they did unlawfully and negligently remove the fences inclosing the privy-vault, and all the covering around the same, and removed the building adjoining same, and prior thereto had commenced grading said lot and removing the earth therefrom, the premises being then open and accessible for teams and workmen; that by reason of their negligent acts in leaving the vault thus exposed and unprotected, without any fence or inclosure separating it from the street, plaintiff’s minor child, three years of age, without any fault of plaintiff, fell into the same, and was drowned; wherefore he prayed damages. Held, that it stated a cause of action.1