Malloy v. Hibernia Savings & Loan Society

21 P. 525, 3 Cal. Unrep. 76, 1889 Cal. LEXIS 1095

Opinion

THORNTON, 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: McFarland, J.; Sharpstein, J.