Hirsch

The action is for the recovery of damages arising from the alleged negligence of defendants whereby plaintiff’s testate was injured.

It is alleged in the complaint that defendants were, on December 24, 1915, conducting a store at the southwest corner of Eleventh and J Streets, Sacramento; that, on the Eleventh Street front of said store and under the pavement or sidewalk defendants maintained an area or basement, and, for the purpose of lowering and raising articles of merchandise to and from the floor of said area to the surface of the sidewalk, defendants constructed and used a shaft in which was installed an elevator. Two ordinances of the city of Sacramento—Nos. 346 and 716—are pleaded as the basis for the averment that defendants unlawfully maintained said shaft. ‘ ‘ That the sidewalk in front of the said store of defendants on Eleventh Street, in the city of Sacramento, county of Sacramento, state of California, is some fifteen feet in width. That at a point on the said sidewalk about sixty feet southerly of the southwest corner of the curb at Eleventh and J Streets, and about eight feet to the east of the most easterly outer wall of the building occupied during all of said…