Coleman

This is an appeal from a judgment in favor of defendant, City of Oakland, entered after an order sustaining a demurrer to plaintiff's third amended complaint.

The plaintiff sought to recover for personal injuries and property damage alleged to have been caused by a motor-truck owned and operated by defendant, City of Oakland. Paragraph IV of the complaint contains an allegation that the collision was caused by a dangerous and defective mechanical condition of said motor-truck, to wit, a broken spring, which rendered the truck unmanageable; together with allegations of knowledge for a long time and neglect to remedy such condition within a reasonable time. These allegations are conceded by respondent to be sufficient to bring the case within section 2 of Statutes of 1923, page 675, if an automobile is within the class of property covered by that section. But it is contended by respondent that under the rule of statutory construction, ejwsdem generis, that statute refers only to real property, and cannot include the case of an automobile operated on the public streets.

The section in question reads: “Counties, municipalities and school districts shall be liable for injuries to…