Lang

This is an action to recover damages resulting from the death of plaintiff’s intestate, alleged to have been caused by the negligent operation of an elevator. A separate demurrer, both general and special, was interposed by each of said defendants, the copartnership, and the corporation, to the second amended complaint. The court sustained each demurrer and, plaintiff declining further to amend, a separate judgment passed in favor of each defendant, that plaintiff take nothing by his action.

Plaintiff appeals from the judgment in favor of the defendant corporation; there is a separate appeal from the judgment in favor of the defendant copartnership.

Alleging that the defendant, The Lilley & Thurston Company, at all the times mentioned in the complaint, was a corporation, hereinafter referred to as the corporation, and that the defendants, John J. and Jeremiah Mahony, were, during all said times, a copartnership as Mahony Bros., hereinafter referred to as Mahony Bros., the complaint states that, on and prior to May 25, 1908, one Jacob Stern employed Mahony Bros, to erect a building on his lot in the city and county of San Francisco, and that on said mentioned day said building…