Hoyt v. Rosenberg

This is an action for damages growing out of injuries received by Marlene Hoyt while playing a game.

The accident happened on March 28, 1945, in the alley at the rear of the home occupied by the plaintiffs. The Hoyt family lived on a 50-foot lot on the east side of Twenty-eighth Street in San Diego, which street runs north and south. The Rosenberg family lived on a 50-foot lot immediately to the north. At the rear of the Hoyt yard was a picket fence 5 feet high, with a gate 3 feet wide leading into the alley. This gate swings inward and at the time of the accident was open. Across the alley…