Bridges v. County of Los Angeles

SHINN, P. J.

Oma M. Bridges suffered injuries when she stumbled over an urn which was maintained in the office of the sheriff’s substation at Norwalk, California. She and her husband Alvin C. Bridges, brought this action against the county of Los Angeles for damages. Defendant’s motion for nonsuit was granted and plaintiffs appeal.

The urn in question was of pottery construction, about 20 inches in height, about 11 inches in diameter and filled with sand. At the time of the accident, it was located in front of and close to the south end of a counter in the office and from 6 to 8 inches from the counter. There was evidence that its accustomed place was south of the counter against the south wall and close to a door in that wall, and also evidence that it usually stood just around the corner from its position at the time of the accident. It rested upon a small fiber mat. Mrs. Oma Bridges entered the office at about 11 a. m. on Monday morning accompanied by her daughter-in-law, Mrs. Joan Bridges. They walked to the counter, where there was conversation with an officer. Mrs. Oma Bridges stood at the counter during this conversation; the urn was close beside her, and when she started to leave her left foot struck the urn, her feet went from under her, slid somewhat on the floor and she fell heavily, seriously injuring a knee.

The action is based upon section 53051 of the Government Code.

1

[153]

Althought the pleadings presented the issue whether the urn in its described location constituted a dangerous condition of public property, it was not urged by the county at the trial and is not urged on the appeal that there was insufficient evidence to have justified a finding that a dangerous condition existed. We therefore express no opinion on the point.

The pivotal questions in the case are whether the urn was placed in front of the counter by someone who possessed authority which would constitute his act, the act of the county or, in the alternative, whether it was placed there by someone else and its position had been known by, or had existed for a sufficient time to impute knowledge to a person “authorized to remedy the condition.”

If the placing of the urn was due to the action of someone acting under authority delegated by the board of supervisors, knowledge of the condition would have been imputed to the county since it would have been the act of the county.