Bobbio v. Bertone

NOURSE, P. J. Plaintiff appeals from the judgment for defendant in a personal injury action tried without a jury.

The accident occurred on December 21, 1943, when plaintiff Delfina Bobbio fell down the stairs upon leaving the apartment of a friend whom she had been visiting. The apartment house located at 3030 Larkin Street, San Francisco, was owned by Stefano Bertone, defendant herein.

The complaint alleged defendant negligently and carelessly permitted the carpet put down and maintained by defendant as covering on the stairway to become so worn, defective and out of repair as to become dangerous to the lives of persons traversing the hallways, lobbies and stairway and that plaintiff “was caused to trip upon the defective carpet and was precipitated down the stair case” thereby suffering personal injuries.

The trial court found: “That plaintiff’s said injuries were sustained while descending said steps when her foot missed a step as she was not looking forward but towards her left side and talking to said tenant. That plaintiff had been a frequent visitor to said apartment house and was familiar with said steps and was negligent and careless in descending same at the time of her said accident. That there was no defect in the carpet on said steps so as to constitute any negligence on the part of said defendant.” In accordance with the findings the trial court gave judgment that Delfina Bobbio take nothing by her complaint therein.

Appellant seeks a reversal of the judgment on the following grounds: (1) That the evidence was insufficient to justify the decision and judgment of the trial court. (2) That the [436]trial court committed error in law in admitting into evidence other accidents occurring to plaintiff at other times or places than the time and place at issue. (3) That the decision is against law for the failure of the trial court to make findings upon material issues.

(1) The evidence is conflicting as to the condition of the carpet on the stairs, but there was substantial evidence given that the carpet was in good condition, and also that appellant was looking back toward the head of the stairs where her friend was standing when she fell. Where there is substantial evidence to support the findings and judgment of the trial court they cannot be disturbed by a reviewing court upon appeal. Estate of Bristol, 23 Cal.2d 221, 223 [143 P.2d 689] ; Banducci v. Banducci, 63 Cal.App.2d 600, 605 [147 P.2d 73] ; Keegan v. Kaufman Bros., 68 Cal.App.2d 197, 201 [156 P.2d 261].