Miller v. City of Palo Alto

This appeal is by the plaintiffs from a judgment against them rendered after a demurrer to their complaint had been sustained upon the ground that said complaint failed to state a cause of action, and plaintiffs had declined to amend. The complaint alleges that the plaintiffs Stephen and Ida M. Miller are husband and wife and at the times mentioned therein were the owners of certain described real property in the county of Santa Clara, California, upon which certain buildings were situated; that said buildings were insured against fire by the other plaintiffs; that on or about the ninth day of October, 1926, the defendant, City of Palo Alto, a municipal corporation, “in the carrying out and performing of its duties and powers as such municipal corporation, as aforesaid, caused to be taken from an incinerator constructed by it for the purpose of burning garbage collected within the bounds of said city, and to be removed to and deposited on vacant property about one-quarter of a mile southeasterly from the premises and property aforesaid of the said plaintiffs Stephen Miller and Ida M. Miller, certain materials that were hot and burning, and carelessly and negligently failed to…