Gleason

A general demurrer filed by respondents to appellant’s second amended complaint was sustained, following which a judgment of dismissal was entered.

According to the complaint, respondent Clifford was doing business under the name of Fire Protection Engineering Co. The Townsend Co., a corporation, which was joined as a defendant, was the owner of a certain building in San Francisco which was leased to Baker, Hamilton and Pacific Co., a corporation. Plaintiff was an employee of the company last named. For some time prior to September 28, 1929, respondents were engaged in repairing a fire protection system in the building, and had constructed on the roof two water-tanks. Immediately west of the tanks was a glass skylight which had been constructed and was maintained and controlled by the Townsend Co. It was alleged that on the above date respondents negligently permitted one of the tanks to overflow, with the result that the water ran through a broken pane of glass in the skylight and damaged certain goods stored below which were owned by plaintiff’s employer; that on the same date plaintiff was directed by his employer to go upon the roof and take measures to prevent a further flow…