Smith v. Kern County Land Co.

Plaintiff appeals from a judgment of dismissal in an action for damages for personal injuries. Defendant’s general and special demurrer to the first amended complaint had been sustained with leave to amend, but plaintiff elected to stand on his pleading.

The principal question is whether the amended complaint stated a cause of action or, more precisely, whether plaintiff sufficiently alleged his status as an invitee. On appeal from a judgment entered on demurrer, the allegations of the complaint must be liberally construed with a view to substantial justice between the parties (Code Civ.…