Roy

From a judgment which was entered against the plaintiff pursuant to an order of court sustaining a general and special demurrer to the third amended complaint and specifically denying leave to amend the pleading, the plaintiff has appealed.

The complaint alleges that the defendant Smith is the owner of Bay View Court 'Apartments at No. 215 York Street in the city of Vallejo; that on November 19, 1930, and for a long time prior thereto, the deceased, Fern Mildred Roy, was a tenant and occupied rooms in the apartments; that during all of said time the apartments were heated by means of gas furnaces which were installed in the floors of the living rooms; “that said gas furnace was equipped with a vent pipe which was connected with the outside of said apartment so as to permit the escape of gases from said furnace”; that during all of said time the gas furnace remained in the same condition, and that prior to said date it was frequently used by said deceased without injurious effect; that during all of said time the defendant Pacific Gas and Electric Company was a public utility corporation engaged in supplying to the public and to said apartment house natural gas for domestic and…