Johnson v. City of Palo Alto

SHOEMAKER, J.

Defendant City of Palo Alto appeals from a judgment for plaintiff in the sum of $6,081.14. The amount of damages is not in question.

Plaintiff Lulu Johnson sustained injuries as the result of a fall on a public sidewalk in front of a residence at 1105 Lincoln Avenue in the City of Palo Alto.

The undisputed facts are as follows: At approximately 9:30 p. m. on September 23, 1958, plaintiff was walking in a southerly direction on the sidewalk along Lincoln Avenue. She was going from her home at 1175 Lincoln Avenue to the mailbox which was located on the corner of Lincoln and Forest Avenues, a distance of approximately % of a block from her residence. Plaintiff testified that although she had resided at 1175 Lincoln Avenue for about six months, she never had the occasion to walk to the mailbox at Lincoln and Forest before. Plaintiff’s testimony further revealed that at the time in question, the street lights were on but the leaves on the trees partially shaded the sidewalk, causing it to be shadowy. Plaintiff was carrying nothing but three letters to be mailed, and was walking slowly, wearing comfortable, close-fitting shoes. She tripped in front of 1105 Lincoln Avenue on a raised portion of the sidewalk and fell, sustaining a bruised knee and other minor bruises. She stated that when she fell she was walking in the middle of the sidewalk.

The evidence revealed that the condition of the sidewalk at the time of the injury was such that there was a difference in height between two adjoining edges of sidewalk. The height differential was between % and

%

inch. Plaintiff identified a photograph, which was admitted into evidence, and stated that it represented the place where she tripped and the condition that existed at the time she fell. Other witnesses testified that the sidewalk had been in the condition plaintiff pointed out in the photograph since 1957, and that the .sidewalk had broken places in it a month before the accident. • •

[151]

The evidence further revealed that defendant city had conducted a sidewalk survey in February of 1955 and had discovered a sidewalk defect at 1105 Lincoln Avenue. The official records of defendant city contained the notation that the sidewalk was buckled by a sycamore tree and constituted a trip hazard. It was also noted that the defect had been patched.