A demurrer challenges the sufficiency of the allegations of a complaint to state a cause of action or to support a judgment.
Defendant's son struck plaintiff in the jaw and chin with a golf club. In an attempt to hold defendant liable for his son's action, plaintiff's complaint alleged that defendant was negligent because although he knew the golf club was on the ground in his backyard and that his children would play with it, and that although he knew or should have known that the negligent use of the golf club by children would cause injury to a child, he neglected to remove the golf club from the backyard or to caution his son against the use of the same. Defendant's demurrer challenged the sufficiency of the allegations of the complaint to state a cause of action or to support a judgment against him.
Can the act of leaving a golf club lying outside a yard, in a place where children might find and use it, be considered negligence?
The father was not held liable. The court ruled for the act of discarding the golf club to give rise to liability based on negligence, it must be obviously and intrinsically dangerous.