James v. City of San Francisco
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District. This was an action brought against the City of San Francisco, for damages for injuries sustained by plaintiff in falling into the excavation caused by grading Clay street, near Powell, in the city of San Francisco.
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Appeal from the District Court of the Twelfth Judicial District. This was an action brought against the City of San Francisco, for damages for injuries sustained by plaintiff in falling into the excavation caused by grading Clay street, near Powell, in the city of San Francisco. The plaintiff alleged the serious injury sustained by him by falling into the excavation made in grading the street, and that the accident occurred in a dark night, there being no light nor railing placed on the spot to prevent foot passengers from falling into the chasm made in the street, which was about twenty feet…
1Opinion of the CourtJustice Terry
Mr. Chief Justice Murray concurred.
The obligation of a municipal corporation to keep the streets in repair is necessarily suspended while they are actually undergoing such alterations as, for the time, render them impassable or dangerous.
At the time of the injury complained of, the street was being graded by one Babcock, under a contract with defendant, and the character of the work necessarily rendered said street unfit for a public thoroughfare, and this fact was a matter of general notoriety.
It is said that the contract of Babcock only related to the carriage way of the street, extending…
2Cited by10 opinions
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- Gay v. EngebretsonCalifornia Supreme Court · 1910
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- Allen v. City of Los AngelesCalifornia Court of Appeal · 1941
- Dow v. City of OrovilleCalifornia Court of Appeal · 1913
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