Hartford

Hartford v. Silverman

Good Law
109 Cal. App. 587·1930 Cal. App. LEXIS 615·293 P. 660
Court of Appeal of CaliforniaNovember 17, 1930Docket No. 6024.California575 words

Opinion

lead Opinion

Houser, J.

The action upon which the appeal herein is predicated was originally brought in the municipal court of the City of Los Angeles. Among other things, the complaint therein contained a statement of the following facts, to wit: At night, in the city of Los Angeles, plaintiff was lawfully walking on a public sidewalk, at which time and on which occasion one of the defendants (who was the minor son of the other defendant) was seated in an automobile of which he was in charge and which automobile was parked and stopped upon said sidewalk in such manner as to obstruct the passage of plaintiff upon said sidewalk; and that, although requested by plaintiff to do so, said defendant refused “to propel said vehicle into the driveway . . . and thereby render it possible for plaintiff to proceed along said sidewalk”. Thereupon it became and was necessary “for plaintiff to walk around said automobile in the vicinity of the curb line . . . and that in so doing and while using due care and caution in that behalf, plaintiff was caused to fall violently to the pavement by reason of the fact that one of her feet slipped or became caught in a portion of said driveway or curb which plaintiff had been…

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