Lowe v. City of San Diego

HARDEN, J., pro tem.

Plaintiffs are husband and wife. On July 9, 1933, plaintiff Ruth A. Lowe was driving a model T Ford automobile in a westerly direction on Logan Avenue between Thirty-eighth and Thirty-seventh Streets in the city of San Diego. Logan Avenue is not paved at the place in question. An opening had been made in the street by defendant at a point about 14 feet north of the south curb line of Logan Avenue in front of 3761 Logan Avenue, to make repairs to a water service pipe. Thereafter dry dirt was placed in the excavation and damp dirt placed on top to a height of about five…