Schmidt

This is an action for damages brought by plaintiff, a minor of the age of nine years, through his guardian ad litem, against the defendant municipality, under subdivision 2 of the Statutes of 1923, page 675, for certain personal injuries received by plaintiff as the result of a fall from an alleged dangerous and defective slide maintained in the public playgrounds of the defendant, City of Vallejo.

The case having been called for trial, a jury was impaneled and evidence adduced. At the conclusion of plaintiff’s case defendant moved for a nonsuit, which motion was granted and judgment of nonsuit entered.

Plaintiff prosecutes this appeal from said judgment.

The statute mentioned is found in the Statutes of 1923, page 675, and subdivision 2 thereof reads as follows:

Specific attention may be called to the opening portion of the law, as follows:

Cases arising under the statute quoted have been before the courts many times and it is needless to review the authorities. A mere citation to such authorities will suffice: Hook v. City of Sacramento, 118 Cal. App. 547 [ 5 Pac. (2d) 643 ]; Huff v. Compton Grammar School, 92 Cal. App. 44 [ 267 Pac. 918 ]; Dawson v. Tulare High School, 98…