Bourie

The court below sustained a demurrer to the second amended complaint without leave to amend. Judgment was thereupon entered in favor of the defendant. This appeal is from said judgment.

The action was commenced for the purpose of recovering damages from the defendant for injuries sustained to certain property of plaintiff, and which are alleged to have been caused through the negligent acts of the defendant.

The defendant is a corporation, whose principal place of business is in the city and county of San Francisco, and is engaged in the business of supplying water to the inhabitants of said city and county for domestic purposes.

The second and third paragraphs of the complaint recite the history of the transaction out of which the controversy arises, and contain the gravamen of the complaint, and we therefore here present said paragraphs in their entirety:

The demurrer is both general and special. We are of the opinion that the general demurrer was properly sustained. It is, therefore, unnecessary to refer to the special demurrer.

The contention of the respondent is that the allegations of the complaint disclose such contributory negligence upon the part of plaintiff in the…