Warnke

From a judgment in favor of defendants in an action for personal injuries plaintiff has appealed.

For convenience of description we shall assume that near the scene of the accident involved here East Fourth Street in the city of Los Angeles runs east and west and the intersecting streets run north and south. Merrick Street intersects it at right angles from the north, but does not extend beyond it: About one city block west of this intersection Hewitt Street comes into Fourth from the south. The city of Los Angeles, at the time in question, was improving East Fourth Street, which was originally 40 feet wide, by acquiring a strip 20 feet wide on the north side thereof between said intersecting streets. Defendant Griffith Company had the contract for the construction of gutters, new curb and paving. At the time of the accident the old curbing had been removed along the old north line of Fourth Street and header boards had been set in its place, which rose from six to eight inches above the ground level and acted as retainers for the fresh concrete. A curb had been constructed along the new north line of the street to within from 100 to 200 feet of Merrick Street, and forms had been…