Holmes

—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 that his claim of liability against the City is predicated solely upon Government Code section 835 which provides that a public entity is liable for injury caused by a dangerous condition of its property if the injury was proximately caused by the dangerous condition, the dangerous condition created a reasonably foreseeable risk of the kind of injury that was incurred, and the City had actual or constructive notice of the dangerous condition and sufficient time prior to the injury to have taken protective measures. Section 830, subdivision (a) defines a dangerous condition as one creating a…