Perry

Appellee, a resident of Connecticut, instituted legal action in the U. S. District Court for the Southern District of California against the City of San Diego, California and Colonial Corporation of La Jolla, a California corporation, for damages in the sum of $53,381.64, in compensation for personal injuries allegedly received by her in a fall upon property of the municipality, to-wit: a sidewalk.

The case was tried by the Judge without the aid of a jury and resulted in a judgment against the City for $4,858.63 plus interest and costs and judgment in favor of the Colonial Corporation for its costs. The City appealed to this court from the judgment against it, and has named Colonial Corporation as co-appellee. Appellant states (City’s Opening Brief) “the liability, if any, should be borne by the appellee corporation and not by the City of San Diego”. We hold that no question as to the Corporation’s liability to either plaintiff or the City is before us on this appeal.

We briefly summarize the facts as developed at the trial in order more readily to understand the arguments of the parties to this appeal.

Plaintiff, accompanied by a friend, in April, 1939, was visiting in the La…