Hudson

This is an appeal from a judgment entered upon an order sustaining a demurrer to a fourth amended complaint, without leave to amend. The action was brought in California against a father for injuries resulting from an alleged tort of his minor child, which occurred at the residence of the father in the territory of Hawaii.

The complaint was filed April 26, 1924, and alleges that plaintiff “is, and . . . has been a resident of the state of California,” and that the defendant is a resident of the territory of Hawaii, and is the father of two minor children named Constance and Rosalie Von Hamm, aged fourteen and ten years, respectively; that in October, 1919, defendant employed plaintiff as a governess to train, educate and discipline said children; that, pursuant to said employment, she went to defendant’s home in Honolulu and entered upon the performance of her duties; that the said Rosalie was an active, strong, healthy child disposed to climb about the furniture, all of which was known and unrestrained by the defendant; that on January 5, 1920, without the knowledge or consent of plaintiff the child Rosalie entered the bedroom of plaintiff and “carelessly and negligently in…