MacE

The present action was instituted by Gertrude L. Mace against the City of Pasadena and others seeking damages for injuries she sustained when she stepped into a hole in the street and fell. Judgment was entered in favor of the city and she appeals.

The city’s answer admitted the allegation of the amended complaint “that on February 9, 1959 there existed a hole approximately two feet east of the westerly curb of South Catalina Avenue in the City of Pasadena and approximately 124 feet south of the southwest corner of the intersection of San Pasqual Avenue and South Catalina Avenue, which hole was approximately 18 inches in diameter.” Except as expressly admitted the city denied generally and specifically all the allegations of the complaint asserted as a basis of the city’s liability for plaintiff’s injury and damage. It was admitted that plaintiff fell in the vicinity of the hole and suffered a broken ankle.

It was alleged in the amended complaint that plaintiff duly served on the city clerk of Pasadena a notice of claim for damages arising out of said accident, stating the time of the accident, the circumstances of it, the injuries sustained by plaintiff, but stating further…