Calder v. City and County of San Francisco

[838]

SPENCE, J.

Plaintiff sought damages against the defendant property owner for personal injuries sustained when she fell in the driveway leading to the private garage in the basement of one of defendant’s cottages. The jury returned a verdict in favor of defendant and from the judgment entered upon said verdict, plaintiff appeals.

Defendant was the owner of the business premises on the northeast corner of La Playa and Judah Streets in San Francisco and he , also owned the two adjoining cottages on La Playa Street. He purchased the property in question in 1934 with the improvements thereon. The area between the curb and the property line on La Playa Street was fifteen feet in width. In 1934 this fifteen foot area in front of the business premises was entirely covered with a concrete sidewalk. For the remainder of the block and in front of the two cottages, there was only the ordinary six foot concrete sidewalk, which was located approximately three feet from the curb and six feet from the property line. The area on either side of the six foot sidewalk consisted of sandy soil covered with weeds. There was a garage in the basement of each of the two cottages. Access to said garages was obtained by driveways which sloped slightly upward from the curb to the six foot sidewalk and sloped slightly downward from said sidewalk to the property line. These driveways were likewise constructed of concrete and the gradual incline downward from the sidewalk to the property line was such that the driveways were ten inches below the level of the sidewalk at the property line.

After purchasing said premises, defendant made extensive improvements on all of the buildings. The driveways leading to the cottages were not changed but, in order to eliminate the dirt and the weeds, defendant covered with concrete practically all of the area between the curb and the six foot concrete sidewalk and between said sidewalk and the property line. Several small areas were left open for planting between the original six foot sidewalk and the property line. Shrubs were planted in said open areas.

On the night of the accident, plaintiff and her escort left their automobile at the curb near the driveway of the second cottage. They "walked to the business premises on the corner where they had something to eat. On the return to the automobile plaintiff’s escort went directly to their automobile but plaintiff walked near the property line and fell as she stepped into the portion of the driveway of the second cottage between the original six foot sidewalk and the property line.