Arellano

This cause was transferred to this court

after decision by the District Court of Appeal to give further consideration to the contention of the appellant that the decision of the District Court of Appeal was in conflict with certain prior decisions of that court and particularly the decisions in the eases of Waldorf v. City of Alhambra, 6 Cal. App. (2d) 522 [ 45 Pac. (2d) 207 ], and Robertson v. City of Long Beach, 19 Cal. App. (2d) 676 [ 66 Pac. (2d) 167 ]. After a careful study of those decisions, we find no conflict between them and the decision of the District Court of Appeal in the present action. While the collision in each of these cases occurred upon a street in which there was a “jog” or “offset” at the intersection of said street, in the Waldorf and Robertson cases, the driver of the automobile after crossing over the intersection collided with the curb and sidewalk in front of the abutting property which extended beyond the property line on the opposite side of the cross street. In other words, he ran over and upon the curb and sidewalk along the property which formed the “jog” in the street. It was held that the curb, sidewalk, and the parkway with the trees growing in…

In my opinion the facts of the present case are not essentially different from those which were shown in the eases of Waldorf v. City of Alhambra, 6 Cal. App. (2d) 522 [ 45 Pac. (2d) 207 ], and Robertson v. City of Long Beach, 19 Cal. App. (2d) 676 [ 66 Pac. (2d) 167 ]. In each of those cases the appeal challenged a determination of the trial court that the plaintiff’s complaint failed to state a cause of action. The facts alleged in each complaint were substantially the same. An accident had occurred at night when an automobile collided with and overran a curb on the far side of an intersection at which point there was a “jog” or “offset” in the course of the street. It was held in each case that the facts alleged were not sufficient to state a cause of action against the defendant city under the Public Liability Act. (Stats. 1923, chap. 328, p. 675; Deering’s Gen. Laws, Act 5619, p. 3052.) The reasoning of the court in the Waldorf case, which was quoted and relied upon in the Robertson case, is as follows: “Nor do we think that the city is chargeable with liability in failing to maintain barriers, lights or warning signs or notices at the point of ‘offset’ or ‘jog’ in the…

Ray L. Chesebro, City Attorney (Los Angeles), Frederick Von Schrader and Leon T. David, Assistants City Attorney, Bourke Jones, Deputy City Attorney, Ernest A. Wilson, City Attorney (San Mateo), Clyde Woodworth, City Attorney (Inglewood, South Gate, Manhattan Beach and Redondo), George W. Trammell, Jr., City Attorney (Long Beach), Albert Mansfield, City Attorney (Redwood City), Paul F. Garber, City Attorney (Monrovia), and Aubrey N. Irwin, City Attorney (Glendale), as Amici Curiae, on Behalf of Appellant.

Mills, Hunter & Dunn, Paul J. Quigley, Edward C. Mills and Harold J. Hunter for Respondents.

CURTIS, J.

This cause was transferred to this court after decision by the District Court of Appeal to give further consideration to the contention of the appellant that the decision of the District Court of Appeal was in conflict with certain prior decisions of that court and particularly the decisions in the cases of Waldorf v. City of Alhambra, 6 Cal.App.2d 522 [45 PaCal.2d 207], and Robertson v. City of Long Beach, 19 Cal.App.2d 676 [66 PaCal.2d 167]. After a careful study of those decisions, we find no conflict between them and the decision of the District Court of Appeal in the…