Bartlett

This is an appeal from a judgment on the pleadings after the impaneling of a jury and from an order dismissing the action without leave to amend, upon the ground that the complaint did not state facts sufficient to constitute a cause of action.

The complaint comprises two causes of. action: one sounding in libel for the special damages alleged therein, for general damages and also for punitive damages for malice; the second for damages for the negligence of defendants in committing the acts complained of. A demurrer to plaintiff’s complaint was interposed, argued and overruled. At the trial, and after a jury had been impaneled, the court required plaintiff to elect upon which cause of action he would proceed to trial. Plaintiff elected to stand on the first. Upon motion of defendants the court then dismissed the action upon the ground that the complaint failed to state facts sufficient to constitute a cause of action, and granted a judgment for defendants without leave to amend.

The causes of action as set forth in plaintiff’s complaint are substantially as follows: The first alleged that plaintiff was employed by the Sun Life Assurance Company, and was engaged by that company…