Holahan

Holahan v. McGrew

Good Law
111 Cal. App. 443·1931 Cal. App. LEXIS 1191·295 P. 1059
Court of Appeal of CaliforniaJanuary 28, 1931Docket No. 4258.California1,343 words

Opinion

Lead Opinion

Thompson, J.

CThis is a separate appeal on the part of West Side Transit Company from a joint and several judgment for damages for personal injuries sustained by Mrs. Holahan which were caused by the dislodging of a timber used as a part of a canopy which was constructed over a sidewalk for the protection of pedestrians.

The facts of the case are related in greater detail in the opinion this day filed (ante, p. 430 [ 295 Pac. 1054 ]), in the same case which determines the appeal from this judgment on the part of the other defendants.

The defendant Commonwealth Building & Loan Association of Long Beach owns two lots at the corner of Pine Avenue and Broadway, in the city of Long Beach, upon which it was engaged in constructing a building. The defendant C. T. McGrew & Sons had the contract for this structure. Pursuant to a city ordinance a canopy had been erected, for the protection of pedestrians, over the sidewalk in front of the building. The canopy did not conform to the specifications required by the ordinance. Several cross-timbers extended beyond the curbing, over the street, a distance of from three inches to two feet. At the point where this canopy was maintained during the…

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