Fackrell v. City of San Diego

Plaintiff brought this action to recover damages from the city of San Diego for injuries sustained when the sidewalk upon which she was walking in the defendant city gave way under her, causing her to fall into a hole in the street. Plaintiff’s right ankle was broken as a result of her fall. The action is based upon the Public Liability Act of 1923 (Stats. 1923, p. 675; Deering’s Gen. Laws, 1944, Act 5619). After trial before the court without a jury judgment was rendered for the plaintiff. Defendant appeals. The basic question to be determined is whether the evidence is sufficient to sustain…