Van Rennes v. Southern Counties Gas Co.

YORK, P. J. Plaintiffs appeal from a judgment which was rendered against them pursuant to section 629 of the Code of Civil Procedure notwithstanding the verdict of the jury which was previously returned against the defendant, Southern Counties Gas Company of California, for its alleged negligent maintenance of a cement meter box.

The action arises out of injuries sustained by appellant Katie Van Rennes when she fell over the said meter box while walking along a dirt pathway or sidewalk running north and south between 11th and Melrose Streets on the cast side of Grand Avenue in Buena Park, California, under the following circumstances:

On the day of the accident, May 20, 1938, Mrs. Van Rennes left the home of her employer, Dr. Counter, and walked east on Melrose Street to Grand Avenue; thence north using a cement sidewalk on the west side of Grand Avenue for about half a block. She then crossed the street in a marked crosswalk and was proceeding northerly on the east side thereof on her way to her home, which was located slightly east of said Grand Avenue on the north side of 11th Street, which latter street intersected Grand Avenue less than half a block north of the said marked crosswalk. The pathway upon which said appellant was walking at the time she fell was located approximately two feet from the curb line, was irregular in width and was fringed with weeds and grass. The concrete meter box of respondent was approximately 2 feet by 30 inches in size, and was situated directly in the said pathway in front of a residence at 1120 Grand Avenue. This meter box had a split top, at one end of which was the inspection plate or reading cap, commonly referred to during the trial as the center lid. In order to read the gas meter it was necessary for the reader to remove this center lid which was done by inserting a vault hook in a hole approximately 1x44 inches which was cast in the lid in the process of manufacturing the meter box.

It is alleged that because of the negligence of respondent in maintaining the said meter box in a state of disrepair, appellant Katie Van Rennes “tripped, fell and stumbled", sustaining a comminuted fracture involving the lateral condyle of the right humerus.

[882]During the trial respondent moved for a nonsuit and also for an instructed verdict, which motions were denied. After the jury returned its verdict for appellants, assessing damages at $3,880 in favor of appellant Katie Van Rennes and at $1100 in favor of her husband, appellant Richard Van Rennes, respondent’s motion for a judgment notwithstanding the verdict was granted. This appeal is from the judgment entered pursuant thereto, it being urged by appellants that “the principal question involved in this case is whether the evidence was sufficient to sustain the verdict of the jury.”