Wurzburger

Wurzburger v. Nellis

Good Law
165 Cal. 48·1913 Cal. LEXIS 391·130 P. 1052
Supreme Court of CaliforniaMarch 3, 1913L.A. No. 2965.California1,760 words

Opinion

Lead Opinion

Melvin, J.

Plaintiff, Bessie Currier Wurzburger, was injured by a fall into a gully or wash which traversed a portion of a public road in Los Angeles County. The accident occurred in the evening after 8 o ’clock while Mrs. Wurzburger was proceeding along the road. Mrs. Wurzburger testified that she walked along the sidewalk to a point where it ended abruptly. She stepped down a few inches to the ground, and, thinking that she was traversing a cross street, proceeded three or four steps, when her foot struck the edge of one of the boards by which, as she expressed it, “the wash was banked up,” and thereupon she plunged headlong into the gully. As a result there were fractures of the femur and the coccyx, lacerations of the shoulder, and sears and bruises upon her face. She suffered great pain; was confined to her bed for several months; and because of the fracture to the femur one leg is shorter than the other by more than half an inch. The court instructed the jury to render a verdict in favor of all of the defendants except R. W. Pridham, who was the member of the board of supervisors having charge of the roads in the district in which the accident occurred. A verdict against him for eleven…

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