Gove v. Lakeshore Homes Assn.

Plaintiff appeals from a judgment of non-suit in an action to recover damages for injury to residential property in the city of Oakland. Lakeshore Homes Association, a corporation, East Bay Municipal Utility District, and the city of Oakland were joined as parties defendant; but the association’s demurrer to the complaint was sustained and no appeal was taken from the trial court’s ruling, nor from the judgment of nonsuit in favor of the utility district. The appeal is narrowed down, therefore, to the question of the liability of the city of Oakland.

The evidence introduced by plaintiff shows…