Malloy v. Hibernia Savings & Loan Society
California Supreme Court
APPEAL from Superior Court, City and County of San Francisco; F. W. Lawler, Judge. Action by Daniel Malloy against the Hibernia Savings & Loan Society, John Grant, Julius Platshek and Samuel Platshek, for negligently causing the death of plaintiff’s minor child.
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APPEAL from Superior Court, City and County of San Francisco; F. W. Lawler, Judge. Action by Daniel Malloy against the Hibernia Savings & Loan Society, John Grant, Julius Platshek and Samuel Platshek, for negligently causing the death of plaintiff’s minor child. The second amended complaint was as follows: “The plaintiff complains of the defendants and alleges in this, his second amended complaint: (1) That on and prior to the sixteenth day of August, 1876, he was, and still is, the father of William Malloy, a minor child of the age of three years and ten months, now deceased. (2) That the…
1Opinion of the CourtThornton, J.
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:…
2Cited by7 opinions
- Loftus v. DehailCalifornia Supreme Court · 1901
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- Sanchez v. East Contra Costa Irrigation Co.California Supreme Court · 1928
- Blaylock v. JensenCalifornia Court of Appeal · 1941
- Barlow v. Los Angeles County Flood Control DistrictCalifornia Court of Appeal · 1950
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