Callahan v. Theodore

This is an appeal by the city of Los Angeles from a judgment for $9,000 damages for personal injuries suffered by plaintiff due to a fall over a defective portion of a sidewalk. At the close of plaintiff’s testimony, a nonsuit was granted to all the other defendants. The case was tried to a jury, and the sole contention on this appeal is that the court erred in refusing to give certain instructions on contributory negligence which were requested by defendant.

The evidence, stated most favorably to plaintiff, is as follows. On September 21, 1952, at about 6:30 p.m., plaintiff, a 65-year-old…