Sheckles

Sheckles v. Clinton Construction Co.

Good Law
1927 Cal. App. LEXIS 427·84 Cal. App. 420·258 P. 107
Court of Appeal of CaliforniaJuly 12, 1927Docket No. 5057.California1,595 words

Opinion

Lead Opinion

McLUCAS, J.

This is an action prosecuted by plaintiffs to recover damages for injuries sustained, due to the alleged negligence of the defendants. The case was tried before the court without a jury. Judgment went for plaintiff Katherine M. Sheckles, in the sum of $500, and for her husband, coplaintiff Walter B. Sheckles, in the sum of $387. From the judgment entered, the defendants present this appeal.

There is no dispute as to the fact that plaintiff Katherine M. Sheckles was injured while walking on a temporary plank sidewalk constructed by the defendants along the north side of the Lane building, situated at the southwest corner of Spring and Eighth Streets, Los Angeles, and that as a result of falling, plaintiff Katherine M. Sheckles broke one of the small bones of her left ankle.

The findings of the court were: “That said temporary sidewalk was not even, but was constructed of pieces of rough boards of irregular length and that the same was so carelessly, negligently and dangerously constructed as to be dangerous for pedestrians to walk upon. That upon the west end of the said temporary sidewalk where the same reaches the point opposite the alley in the rear of the said building, the…

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