Winbigler v. Mayor of Los Angeles
California Supreme Court
Appeal from the District Court of the Seventeenth Judicial District, County of Los Angeles. - The plaintiff sued for ten thousand dollars damages for injuries sustained by falling through a bridge.
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Appeal from the District Court of the Seventeenth Judicial District, County of Los Angeles. - The plaintiff sued for ten thousand dollars damages for injuries sustained by falling through a bridge. The case was tried before the Court without a jury and findings were filed to the effect that the city authorities permitted a bridge to be constructed by a private party over a water ditch made for a private use in a public street within the city, but did not cause the bridge to be constructed; that on the 3d of October, 1871, it had been out of repair for two weeks, there being a hole eighteen or…
1Opinion of the Court
By the Court:
The action against the corporation for personal injuries sustained in falling through a bridge placed at the intersection of Olive and Sixth streets in Los Angeles, by a private person, over a water ditch dug by him for his private use, is founded upon a supposed duty of the corporation to cause the streets of the city to be cleaned and repaired.
The general statute which constitutes the charter of the city, provides that the “ City Council shall have power * * * to cause the streets to be cleaned and repaired.” It is not claimed that the statute under which the city is…
2Cases cited1 opinion
- Huffman v. San Joaquin Cty.California Supreme Court · 1863
3Cited by23 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Davoust v. City of AlamedaCalifornia Supreme Court · 1906
- Doeg v. CookCalifornia Supreme Court · 1899
- Carson v. City of GeneseeIdaho Supreme Court · 1903
- James v. Trustees of Wellston TownshipSupreme Court of Oklahoma · 1907
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