McNamara v. Hall

This is an appeal from a judgment dismissing plaintiffs’ action after the trial court had sustained defendants’ demurrer to the second amended complaint without leave to amend. The action was brought to recover damages for personal injuries alleged to have been sustained by plaintiff wife while riding in an elevator located in defendants’ home.

The pertinent portions of the second amended complaint are as follows:

“in

“Prior to July 23, 1949, defendants had negligently constructed and installed in said dwelling house and on said date were maintaining and operating therein a dangerous…