Eads v. Marks

Plaintiffs, Rand Edison Eads, a 2-year-old minor child, through his father and guardian ad litem, Harold Madison Eads, and Harold Madison Eads, sued defendant Creameries of America (sued as Doe One) for damages for personal injuries allegedly suffered by said minor child because of the negligence of defendant, its agents, servants and employees.

Defendant’s (Creameries of America) general and special demurrer to plaintiffs’ first amended complaint was sustained without leave to amend and judgment thereon was entered in favor of defendant.

In plaintiffs’ amended complaint it was alleged (in…