Long
Long v. John Breuner Co.
Opinion
Lead Opinion
Hart, J.
A jury returned a verdict in favor of plaintiff in the sum of four thousand five hundred dollars as damages sustained by her on account of injuries caused by her slipping and falling upon an incline in front of the main entrance to the store of the defendant in Sacramento. Judgment was entered for that amount, from which and from the order denying its motion for a new trial defendant appeals.
The defendant conducts a furniture store on the south side of K Street between Sixth and Seventh Streets, in said city of Sacramento. At the time of the accident to plaintiff there was a concrete incline or apron leading from the entrance to the store to the sidewalk. The grade of this incline was from nothing, where it joined the sidewalk, to thirty-five per cent, as testified by one witness, or fifty per cent, according to another, at the point where plaintiff was injured. On each side the concrete of the apron was rounded off to meet the grade of the sidewalk. This rounded-off portion was about a foot in width and gradually diminished as it approached the edge of the curbing, and it had been chipped with a chisel to roughen the surface. There is a column at each side of the entrance, the…