Hauser

This is an appeal from a judgment of dismissal. Plaintiff filed a complaint which defendant answered. Thereafter plaintiff moved for leave to file an amended complaint, and at the hearing thereof defendant asked for dismissal and judgment upon the ground that neither the complaint nor the proposed amended complaint stated facts sufficient to constitute a cause of action. The motion to file the amended complaint was denied and the motion for judgment on the pleadings granted. It is the contention of respondent that the complaint and proposed amended complaint did not set forth a cause of action and under the facts alleged a cause of action could not have been stated.

Appellant maintains a cause of action existed and was properly alleged and the suit was improperly dismissed. The facts as gathered from the pleadings show that the Pacific Gas and Electric Company maintained a pole line carrying high tension wires along a certain lane and across a yard or corral. Plaintiff, with permission of the owner and lessee, went upon the lands to move a hay derrick; that he hitched his horses to the derrick and was moving the derrick across the corral when the boom thereof came in close…