White

White v. Cox Bros. Construction Co.

Good Law
162 Cal. App. 2d 491·1958 Cal. App. LEXIS 1901·329 P.2d 14
Court of Appeal of CaliforniaAugust 1, 1958Civ. 22935California2,324 words

Opinion

Opinion

Fourt, J.

This is an appeal from a judgment on the verdict of a jury in favor of the plaintiff for damages and injuries suffered in an accident allegedly resulting from a defective street.

On June 24, 1955, Harold Atenese was driving the plaintiff’s automobile westerly on Imperial Highway near the intersection of Imperial Highway and Luitweiler Avenue in the unincorporated territory of the county of Los Angeles. The plaintiff was riding in her automobile at the time. Imperial Highway, where the accident occurred, was being reconstructed by a construction company under a contract let by the county of Los Angeles. The work consisted, in part, of the removal of the pavement from the surface of Imperial Highway, commencing about 50 feet east of Luitweiler Avenue. During the late afternoon of the day of the accident, when it was still daylight, the plaintiff’s ear was traveling westerly, and the front wheels thereof struck the first drop off between the old pavement and the gravel surface where the pavement had been removed, and then struck a “chuck hole,” and the car skidded and overturned. The drop off was at the crest of a hill such that westbound drivers could not see the drop off or the…

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