Wilkerson

In this action against the City of El Monte, a municipal corporation, plaintiff was awarded damages by verdict for injuries sustained while riding as a passenger in an automobile across a street intersection constructed and maintained by defendant municipality in an allegedly defective and dangerous condition. From the judgment entered upon the verdict the city appeals.

Where Nevada Street crosses Amador Street in said city two depressions exist across Nevada Street, being extensions of the gutters of Amador Street across Nevada. The liability of the city depends upon the condition of these depressions. If, as constructed and maintained by the city, they created a defective or dangerous condition within the meaning of the Statutes of 1923, page 675 (Deering’s Gen. Laws, Act 5619), which statute is the source of liability of municipalities in such cases, there existed a liability of defendant city in favor of those persons who, in using the street in a care ful manner, sustained injury by reason of such condition of the street. If the condition was not defective or dangerous the city was under no liability. It was sufficiently shown that defendant city had knowledge of the…