Moritz

Plaintiffs appeal from a judgment of dismissal following the granting of defendant city’s motion for summary judgment. Plaintiffs were struck by a vehicle driven by one . Wilson (who is not a party to the action) while they were in a crosswalk. This action was brought against the City of Santa Clara on two theories: 1) that the crosswalk was unlighted, unpatrolled, unguarded and without proper signs or warning devices; and 2) that the city and its employees knew or in the exercise of ordinary care should have known that the crosswalk was dangerous because it constituted a concealed trap. r

The crosswalk runs in mid-block of a four-lane street. On one side of the street is a church and a parochial school, and on the other, a shopping center. On March 26, 1965, at about 7:20 p.m., plaintiffs proceeded from the shopping center side toward the church. Two vehicles stopped at the crosswalk, yielding the right-of-way. After plaintiffs passed in front of these, they were struck by the Wilson vehicle.

In the matter of maintenance of the crosswalk and the area, as distinguished from the subject of the asserted “trap,” all of the evidence produced at the motion for summary…