Holahan

Holahan v. McGrew

Good Law
111 Cal. App. 430·1931 Cal. App. LEXIS 1192·295 P. 1054
Court of Appeal of CaliforniaJanuary 28, 1931Docket No. 4241.California4,056 words

Opinion

Lead Opinion

Thompson, J.

This is an appeal on the part of the individual members of C. T. McGrew & Sons, a copartnership, together with the partnership and the Commonwealth Building & Loan Association of Long Beach, from a joint and several judgment for damages for personal injuries sustained by Mrs. Holahan. Her injuries were caused by the dislodging of a cross-timber supporting a temporary canopy which was erected over a sidewalk for the protection of pedestrians pending the construction of a building at Long Beach.

The Commonwealth Building & Loan Association owns lots 2 and 4 of block 104 of the city of Long Beach, fronting 50 feet on Pine Avenue. The defendant, C. T. McGrew & Sons, a copartnership, was engaged in constructing a building on these lots. Pursuant to the provisions of a city ordinance which was in force, a canopy was built for the pro teetion of pedestrians over the sidewalk in front of the building which was being erected on Pine Avenue, This canopy was constructed by placing upright timbers about eight feet in height along the borders of a fifteen-foot sidewalk. The outer timbers were flush with the curbing at the edge of the street. Cross-timbers were insecurely fastened with…

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