Redmond v. City of Burbank

MOORE, P. J.

Plaintiff prosecutes this action for damages on account of personal injuries suffered from a fall while walking along and upon a sidewalk in the city of Burbank.

About 9 p. m., April 28, 1936, while proceeding normally along the south side of 10th Street in Burbank, she crossed the ten-foot alley which intersected the sidewalk. In proceeding upon her course and as she was about to step from the alley at a point where the sidewalk should have continued, she fell upon a stone wall approximately fifteen inches in height, placed directly across her path and on land dedicated for sidewalk uses. It was a very dark night and plaintiff was wholly unfamiliar with the sidewalk and its obstruction. There were no lights, no guard rails or precautions of any kind to safeguard the pedestrian at that point.

[713]

Plaintiff promptly filed with the clerk of the city a claim for damages which claim was disallowed by the city council on the 21st day of July, 1936.

The city had notice of the continued existence and of the dangerous obstruction and had failed to remedy the defect within a reasonable time after such notice. The court found that by reason of the negligence of the city of Burbank in permitting the wall to be so maintained, plaintiff sustained physical injuries, pain and suffering. From the findings so made, the court concluded that the city was negligent in permitting the defective and dangerous condition to continue without a warning thereof and that such negligence was the proximate cause of plaintiff’s injuries.

The questions for our determination are: (1) whether the evidence is sufficient to support the findings that the alleged dangerous condition of the sidewalk was the proximate cause of plaintiff’s injuries, and (2) whether a verified claim was filed with the city.

If there be substantial evidence to support a finding of fact, it will not be disturbed by the appellate court.

(Beck

v.

Sirota,

42 Cal. App. (2d) 551 [109 Pac. (2d) 419];