Lang

The question for solution on this appeal by plaintiff involves the legal integrity of the ruling of the lower court sustaining the demurrer of defendants, the Mahony Bros., to plaintiff’s second amended complaint. In an opinion rendered by this court and filed the twenty-third day of the present month and reported ante, p. 223, [128 Pac. 1028], the order of the lower court sustaining the demurrer of The Lilley & Thurston Company was upheld, and to that decision reference is made for a fuller exposition of plaintiff’s pleading. The demurrer of respondents herein, which was both general and special, directs attention to several asserted defects in said second amended complaint. Of these, brief consideration will be given to two only. The ruling was justifiable for the reason that there was a' failure to specify the particular act or acts of negligence which proximately caused the accident. It is not sufficient to allege that the elevator was negligently operated and thereby the injury was produced. Defendants should have been in-, formed, by appropriate allegation, in what respect the contrivance was negligently operated and it should have appeared that the recited facts had a…