Lemmermann

This .lawsuit arises from an accident which occurred on April 13, 1953. ’ On that 'date the plaintiff slipped on some small pieces of glass on the sidewalk at the northeast corner of Sansome and Washington Streets, in San Francisco, which street corner is adjacent to the government owned Appraisers Building. The theory under which plaintiff alleges responsibility on the part of the United States for this accident is set forth in Paragraph IV of her complaint and reads in part as follows:

“ * * ■ * that on or about the said 13th day of April, 1953, the agents, servants and employees of the defendant carelessly, negligently and wrongfully permitted an inmate of said detention ward to break one of the glass windows in said ward and carelessly permitted the glass from said window to scatter and to remain upon the northerly sidewalk of Washington Street on which said building fronted; that said agents, servants and employees of the defendant knew that said window had been broken and that the glass therefrom had scattered on the said sidewalk below, and carelessly, negligently and wrongfully allowed said glass to remain on said sidewalk.”

The defendant asserts that plaintiff has not…