Najewitz v. City of Seattle

This is an appeal from a judgment of dismissal entered on an order sustaining a demurrer to the amended complaint. The appellant conceives that his alleged cause of action is based upon a contract of employment with the city, and the amended complaint is replete with allegations, by way of inducement and conclusion, upon that theory.

We think, however, the ultimate facts pleaded present quite a different cause of action. The allegations of the amended complaint are, in substance, as follows:

The city owned and operated a gravel pit in the vicinity of Juanita Bay on Lake Washington; that there…