Monroe v. East Bay Rental Service

Appellant sued for $5,518, damages for bodily injuries.

A general and special demurrer to the first amended complaint was sustained with leave to amend, but after notice the plaintiff declined to amend and judgment was entered that he take nothing and that defendants should recover their costs. Plaintiff then appealed.

Defendants operate a business wherein they rent and lease to the public mechanical equipment including Roto-Tillers. A Roto-Tiller is a plow equipped with a gasoline-driven motor. The theory on which the action was brought, as indicated by the complaint, is that the Roto-Tiller…