Hatch

Defendant’s demurrer to plaintiffs’ second amended complaint having been sustained upon grounds that the causes of action pleaded were uncertain and on the further grounds that none of them stated a cause of action and plaintiffs having failed to amend their complaint within the time limited by the court, plaintiffs appeal from the order dismissing the action.

By the first and second causes of action the plaintiff, Charles Terrance Hatch, a minor, seeks damages against the defendant. By the third and fourth causes of action plaintiff, Curtis C. Hatch, the father of Charles, seeks to recover damages sustained by him by reason of the injuries sustained by his son. The question as to whether a cause of action is stated is the same in the third and fourth causes of action as it is in the first and second and we will therefore confine our discussion to the first two causes of action.

In substance the first cause of action alleges the following facts: On June 30, 1955, a certain automobile manufactured and assembled by the defendant and sold as new after January 1939 was parked at the edge of Stansbury Avenue; at the time of the sale of said motor vehicle and at the date above…