Dominguez
Dominguez v. Pendola
Opinion
Lead Opinion
Langdon, J.
This is an appeal from a judgment for defendant entered after.an order sustaining a demurrer to a complaint without leave to amend. The action was brought by the widow and minor children of Alfredo Dominguez, deceased, to recover damages for the death of said deceased, alleged to have been caused by the negligence of the defendant. The complaint alleged that on the fourth day of February, 1918, the deceased was in the employ of the defendant, who was constructing a water reservoir for the city of Santa Barbara; that the defendant furnished transportation to his employees engaged in working on said reservoir to and from their homes in said city to said reservoir by means of a truck automobile driven by an employee of the said defendant, which automobile had no means by which one riding on said automobile when driven rapidly over rough roads or roads having short turns could prevent himself from being thrown from said automobile; that on the morning of' the accident, while the deceased with other employees of the defendant was being transported in defendant’s automobile from Santa Barbara to said reservoir to engage in work for the defendant on the reservoir, the driver of the…