Milam

Plaintiff's complaint alleges that she was a tenant of “Blossom Valley Shopping Center” and that on August 6, 1961, she sustained personal injuries resulting from the use of a garbage container on said premises; that defendant Dickman Construction Company, a corporation, is the owner, lessor and manager of said premises; that defendant Mountain View Garbage Company services the premises and provided said garbage container; that defendant Dickman Construction Company negligently controlled and maintained said premises and that it and defendant Mountain View Garbage Company negligently “caused an unsafe and unfit garbage container to be provided and maintained for the use of the plaintiff in that said container required the user to balance herself on a small ledge protruding from the side of said container and was without benefit of any guard or safety device. ’ ’

Summons and complaint were served on Joe Bold as vice-president of Dickman Construction Company. It filed an unverified answer, generally denying the allegations of the complaint and adding the defenses of contributory negligence and assumption of risk.

On December 14, 1962, after the one-year statute of limitations had…