Roach

A complex problem of legal semantics, involving three apparently simple words, confronts the Court in the instant case.

The troublesome terms appear in a liability indemnity insurance policy. They occur in the definition of “premises”, which are described as “including *401 buildings and structures thereon and the ways immediately adjoining”.

1. The Pleadings.

On July 8, 1953, the plaintiff, appearing through his guardian ad litem, filed in the Superior Court of Stanislaus County, California, a complaint containing the following allegations, briefly summarized:

A suit was filed by the plaintiff through his guardian to recover damages for personal injuries received by the former on or about November 23, 1949, which injuries were inflicted by a dog, of which the defendants Soles were the owners and keepers. The injury (sic) occurred on the defendants’ premises, known as the Sixth Street Market, at the southeast corner of Sixth and L Streets in Modesto, Stanislaus County.

On November 21, 1952, a judgment for $7,500 and costs was rendered in favor of the plaintiff, after a jury trial in the Superior Court of Stanislaus County.

The defendants Soles had in full force and effect at…