Upton

Plaintiffs appeal from a summary judgment entered in favor of defendants city of Antioch, P. K. Biglow its superintendent of streets, B. H. Maynard its director of public works and city engineer, and Phil E. Minner its city manager. The action is based upon injuries alleged to have been suffered when an automobile struck a protruding pipe in a street under construction in the city of Antioch.

From the affidavits presented on the motion for summary judgment it appears that on May 14, 1956, by resolution the City Council of Antioch requested the Board of Supervisors of Contra Costa County to appropriate $69,835 from the 1955-1956 Aid to Cities fund for the construction, purchase of right of way, and engineering costs for the improvement of a designated portion of Wilbur Avenue in said city, “the contract to be awarded by the Board of Supervisors, and the construction, engineering, and purchases of right of way to be under the direction and supervision of the Public Works Director of Contra Costa County.”

On May 15, 1956, the board of supervisors of said county adopted a resolution which, after reciting that “ (t)his Board deeming” said reconstruction of the designated part of…