Bourie v. Spring Valley Water Co.

HART, J.

The court below sustained a demurrer to the second amended complaint without leave to amend. Judgment was thereupon entered in favor of the defendant. This appeal is from said judgment.

The action was commenced for the purpose of recovering damages from the defendant for injuries sustained to certain property of plaintiff, and which are alleged to have been caused through the negligent acts of the defendant.

The defendant is a corporation, whose principal place of business is in the city and county of San Francisco, and is engaged in the business of supplying water to the inhabitants of said city and county for domestic purposes.

The second and third paragraphs of the complaint recite the history of the transaction out of which the controversy arises, and contain the gravamen of the complaint, and we therefore here present said paragraphs in their entirety:

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“II. That on the 12th day of July, 1905, at the time of the explosion hereinafter mentioned, and for a long time prior thereto, and including the month of June, 1905, said plaintiff was maintaining and operating a laundry at number 514 Central Avenue,,in said City and County of San Francisco; that during all of said times, said plaintiff used in said laundry, a galvanized iron boiler of large capacity, to wit: of one hundred gallons of water, for the purpose of heating water in said boiler, to be used in the operation of said laundry, all of which was well known to said defendant, its servants and employees, during all of said time, and at the time the check-valve was attached to the pipe as hereinafter mentioned; that during all of said time said defendant, through a pipe attached to said boiler, supplied water to said boiler, from a main of said defendant in the adjoining street,' for the purpose of being used in said laundry; that said plaintiff paid said defendant the charges demanded and required by said defendant for the water thus supplied.

“III. That on or about the 20th day of June, 1905, said defendant, by its servants and employees, and without the knowledge or consent of plaintiff, attached a check-valve, to said pipe through which said defendant supplied water to said boiler, as hereinbefore stated, to wit, in the feed-pipe leading from said main to said boiler;