Rowan

The City and County of San Francisco (hereafter city) appeals from a judgment rendered on a jury verdict in favor of plaintiff for damages for personal injuries sustained as the result of a fall caused by a defective sidewalk. The city contends that the trial court erred in: (1) the denial of a nonsuit as plaintiff misled the city about the location of the accident; (2) the admission of evidence concerning budgetary requests for additional sidewalk inspectors; (3) the rulings on the examination of a city ambulance driver under section 2055 of the Code of Civil Procedure; and (4) the instructions to the jury.

As no contentions are raised concerning the sufficiency of the evidence, a brief summary of the facts will suffice. About 11:45 p.m. on January 27, 1961, plaintiff, then 54 years old, was returning home from her job as a practical nurse. For about two years she had lived at 2100 North Point Street, about two and one-half blocks beyond the place of her fall near the northeast corner of the intersection of Scott and Alhambra Streets. As was her custom, plaintiff got off the bus at Fillmore and Chestnut Streets and was walking north on Scott toward Alhambra. When she was a…