Helfer

Helfer v. Glaze

Good Law
1927 Cal. App. LEXIS 800·81 Cal. App. 40·252 P. 1078
Court of Appeal of CaliforniaJanuary 25, 1927Docket No. 3177.California3,305 words

Opinion

Lead Opinion

Plummer, J.

This action was tried before a jury resulting in a verdict in favor of the plaintiff in the sum of $6,000. Prom the judgment entered thereon the defendant appeals.

The complaint alleges that on or about the fourteenth day of July, 1923, the defendant owned, maintained and controlled the Merritt-Jones Hotel in the city of Santa Monica, that the defendant, by his agents and employees, kept and maintained over a large window fronting on Marine Avenue, a public street in said city, a large awning for the purpose of shading said window; that the frame of said awning was maintained in such a careless and negligent manner that it became loosened and on or about the fourteenth day of July, 1923, while so negligently and carelessly maintained, fell without warning and struck the plaintiff upon her head; that the plaintiff, without any negligence or carelessness on her part, was walking along the sidewalk adjoining said street and over which said awning was so carelessly and negligently maintained by the plaintiff, and that, while so walking along said sidewalk, the frame of said awning, in its fall, struck her upon the head; that the suddenness and force of the blow of the iron frame of…

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