Torkelson

Torkelson v. City of Redlands

Good Law
17 Cal. Rptr. 899·1961 Cal. App. LEXIS 2548·198 Cal. App. 2d 354
Court of Appeal of CaliforniaDecember 21, 1961Civ. No. 6258California3,289 words

Opinion

Lead Opinion

Coughlin, J.

The plaintiffs, appellants herein, brought this action against the City of Redlands, respondent herein, to recover damages under the Public Liability Act (Gov. Code, § 53051) for the death of their 10-year-old daughter who had drowned in a storm drain constructed and maintained by the city; claimed that the storm drain constituted a dangerous condition of which the city had knowledge and failed to correct; and appealed from the judgment entered against them following an order granting the defendant’s motion for a directed verdict in its favor.

Under the time-honored rule, if there is any substantial evidence which would support a verdict in favor of the plaintiffs the order of the trial court granting the motion for a directed verdict was in error, and the judgment must be reversed. (Reynolds v. Willson, 51 Cal.2d 94, 99 [ 331 P.2d 48 ]; Aguirre v. City of Los Angeles, 46 Cal.2d 841, 844 [ 299 P.2d 862 ] ; Gallipo v. City of Long Beach, 146 Cal.App.2d 520, 526 [ 304 P.2d 106 ].)

Over a period of many years the City of Redlands constructed and maintained storm drains to carry away surplus irrigation and flood waters. One of these drains abutted the rear of the property where…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.