Durham v. City of Los Angeles

Darren Lamont Durham and his mother Dorothy Durham sued the Southern Pacific Transportation Company and the City of Los Angeles et al. for injuries suffered when Darren was trying to hop a railroad train near his home. A judgment of nonsuit was entered for the City of Los Angeles, and a judgment after jury trial was entered for defendant Southern Pacific Transportation Company and against plaintiff. Appellants appeal from the judgment of nonsuit and from the judgment for defendant Southern Pacific Transportation Company.

Contentions on Appeal

1. Civil Code section 1714.7 is unconstitutional as a denial of equal protection of the law under the United States and California Constitutions.

2. Civil Code section 1714.7 is unconstitutional as a violation of the privileges ánd immunities clause of the California Constitution.

3. Civil Code section 1714.7 is unconstitutional as a special statute.

4. Conflicting jury instructions have resulted in a miscarriage of justice.

5. The trial court erred in granting nonsuit in favor of respondent City of Los Angeles.

Discussion

1. Civil Code section 1714.7 is constitutional.

The jury in the case at bench was instructed regarding…