Dahlquist

In this wrongful death action brought by the heirs of the decedent against the State of California a demurrer was sustained to an original complaint without leave to amend. The appeal is from the judgment of dismissal which followed. We explain herein our reasons for reversal but first summarize the allegations of the complaint upon which decision hinges:

The complaint is in two counts but all allegations of the first count are adopted by the second (which merely alleges additional damages). It is alleged that on March 27, 1963, the state was in control of a bridge crossing the American River in Sacramento County known as the 16th Street bridge; that on said date plaintiffs’ decedent was driving an automobile along said 16th Street and that “on the aforementioned date the defendants and each of them, negligently, carelessly and unlawfully constructed, operated, used and maintained the aforesaid bridge so as to cause the aforesaid plaintiff’s vehicle to go out of control and collide with another automobile being driven South on said bridge, thereby damaging said plaintiff’s vehicle and causing the death of Lareta Cleona Dahlquist. ’' It is further alleged that said public property…