Suess

Plaintiffs brought an action for the wrongful death of their minor son. Judge Lucas sustained defendants’ general demurrer to the second amended complaint with leave to amend, and when plaintiffs offered no amendment, Judge Allen signed an order dismissing the action. Plaintiffs appeal from that order.

The facts alleged in the second amended complaint are as *850 follows: On June 19, 1963, defendants had parked their Oldsmobile automobile in a trailer park in Sun Valley. Prior to this time defendants had installed on the vehicle a radio antenna which extended beyond the rear bumper of the automobile at approximately eye level. The car was parked in such a position that the antenna extended into an area of the trailer park ordinarily used by pedestrians. The antenna was dull in texture and difficult to see under the lighting conditions existing at the time of the accident. At about 9 p.m. plaintiffs’ 15-year-old son, who resided on the premises, was playing when he collided with the radio antenna, sustaining injuries which resulted in his death.

In Mosley v. Arden Farms Co., 26 Cal.2d 213, 216-217 [ 157 P.2d 372 ,158 A.L.R 872], the court said:

Considering the circumstances…