Eads

Plaintiffs, Rand Edison Eads, a 2-year-old minor child, through his father and guardian ad litem, Harold Madison Eads, and Harold Madison Eads, sued defendant Creameries of America (sued as Doe One) for damages for personal injuries allegedly suffered by said minor child because of the negligence of defendant, its agents, servants and employees.

Defendant’s (Creameries of America) general and special demurrer to plaintiffs’ first amended complaint was sustained without leave to amend and judgment thereon was entered in favor of defendant.

In plaintiffs’ amended complaint it was alleged (in part) : “That at all times from on or about December 20, 1947, continuously, to August 12, 1949, the plaintiffs, Harold Madison Eads, and (sic) been and was a customer of defendants, and at all times there had been a delivery service maintained and conducted by defendants wherein defendants had supplied and delivered to plaintiffs at plaintiffs’ said place of residence, milk, cream, butter, eggs and other dairy products for a valuable consideration and at the prices established by defendants therefor.

“That on or about December 1, 1948, at which time the said plaintiff, Band Edison Eads, was…