Davie

Appellant instituted an action for damages against The Regents of the University of California, a corporation, and Robert T. hegge, as codefendants, for injuries claimed to have resulted from the negligence of a physician in charge of an infirmary maintained by respondent’s codefendant at the University of California in Berkeley. Demurrers were interposed to an amended complaint by defendants separately. They were both sustained with leave to amend. Plaintiff declined to further amend, whereupon separate judgments were entered in favor of both defendants. Separate appeals were thereupon taken. The appeal from the judgment in favor of defendant corporation, Davie v. Regents of the University of California, post, p. 693 [ 227 Pac. 243 ], was this day decided. It was there held in substance that the complaint shows that The Regents of the University of California, defendant corporation, operates and maintains the infirmary in question solely as a governmental function, for which reason it is immune from suit on account of the alleged negligence.

In support of the judgment in favor of respondent Legge it is claimed that as no cause of action was stated against Ms codefendant, The…