Legal Opinion

Daly v. Mathews

California Court of Appeal

Decided February 6, 1942No. Civ. 12880PublishedCited by 9 opinions

1Opinion of the Court

HANSON, J. pro tem.

The primary question presented in this ease is whether abutting property owners are liable to a pedestrian for an injury which she suffered from a fall in stepping from a sidewalk onto an unlooked for depressed driveway which crossed the sidewalk. The case reaches us on an appeal from an order granting a new trial in favor of the plaintiff after judgment for the defendants.

The controlling facts are undisputed. It appears that several years ago the sidewalk with its driveway was constructed in front of the property here involved, in the city of Beverly Hills. The driveway…

2Cases cited6 opinions

  1. Eustace v. JahnsCalifornia Supreme Court · 1869
  2. Granucci v. ClaasenCalifornia Supreme Court · 1928
  3. Martinovich v. WooleyCalifornia Supreme Court · 1900
  4. Lake Erie & Western Railway Co. v. MikesellIndiana Court of Appeals · 1899
  5. Heaney v. Colonial Filling Stations, Inc.Massachusetts Supreme Judicial Court · 1928

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Sexton v. BrooksCalifornia Supreme Court · 1952
  2. Miller v. Welworth TheatresWisconsin Supreme Court · 1956
  3. Barton v. Capitol MarketCalifornia Court of Appeal · 1943
  4. Sears, Roebuck & Co. v. MeyerCourt of Appeals for the Ninth Circuit · 1953
  5. Basinger v. Standard Furniture Co.Utah Supreme Court · 1950

4 more not listed; retrieve them via the Exa API.

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