Goldstein

Plaintiff in his second amended complaint alleged that at the time of the commencement of the action he was a minor under the age of twenty-one years, and that Ben Goldstein was the duly appointed, qualified, and acting guardian of his person and estate; “that on or about the fifth day of July, 1919, the defendants [there being one fictitious defendant] . . . were conducting and maintaining at Monte Rio, in the county of Sonoma, state of California, a summer resort and hotel for the accommodation of the public. . . . That as a part of the said summer resort and hotel and as living quarters for its guests and their invitees the defendants maintained a tent set upon a wooden platform.” That to prevent persons occupying, visiting, or being upon said platform from falling therefrom, and to protect persons who were thereon, the defendants erected, placed, and maintained on the outer edge thereof, “a railing made of wood about three inches to four inches in diameter,” which railing was “fastened upon the said platform about three or four feet above the floor of the said platform by means of timbers and braces.” That said railing at all the times in the amended complaint mentioned,…