Holmes v. City of Oakland

—Plaintiff, a minor appearing by his guardian ad litem, filed a complaint purporting to allege four causes of action against the City of Oakland and other defendants for damages for personal injuries incurred when a Santa Pe railroad train ran over plaintiff, severing both of his legs. The court sustained with leave to amend the City’s demurrer to all four causes of action on the ground that none of them stated a cause of action against the City. Plaintiff having declined to amend, the court entered judgment of dismissal in favor of the City, from which plaintiff appeals.

Plaintiff concedes…