Ngim v. City & County of San Francisco

Appellant city urges two reasons why respondent’s judgment for damages caused by the flooding of a store basement with sewage should not stand: first, the evidence did not support the jury’s finding of appellant’s general negligence; second, the case should not have been submitted on the theory of general negligence, but upon instructions which framed the requirements of the Public Liability Act. We have concluded for the reasons hereinafter set out that the evidence does sufficiently support the verdict on general negligence but that the act applied; that instructions should have been given…