Walker

Appellant, Cora Walker, appeals from a judgment of nonsuit in a malpractice action against respondent, Herbert M. Porter.

In the latter part of 1968 appellant lived in a rented house at 336 East 131st Street in the City of Los Angeles. The house was located on a small hill which sloped to the street. During this period considerable work was being done to install sidewalks on the street. Appellant’s front steps leading to the street were removed as part of the construction work, and as a consequence appellant used the driveway as a means of ingress and egress from her house. On the evening of December 3, 1968, appellant, en route to her neighbor’s house to borrow a flashlight, walked down the driveway and fell into an unmarked trench of which she had no notice. As a consequence she injured her left knee, left leg and hit her heád on a piece of concrete. After approximately one-half hour calling for help, a little boy came to her assistance and helped her out of the trench. She crawled into her living room; called her sister who in turn called an ambulance. Since the accident, she has not been able to work because of periodic swelling of her leg and muscle…