Sale v. County of San Diego

A jury rendered its verdict against defendant and appellant county of San Diego in favor of plaintiff and respondent Edgar P. Sale, then aged about 55 years, in an action arising out of an injury which occurred about 3 p.m. on September 14, 1957, while plaintiff was crossing Cottonwood Creek and Fifth Street in Encinitas at a place close to where the creek discharges on the ocean beach. At that point Fifth Street was a little-used secondary road with a concrete surface which contained a dip at its intersection with Cottonwood Creek, in which dip water was always present. A plank was placed on…