Legal Opinion

Eppstein v. City of Berkeley

California Court of Appeal

Decided June 1, 1942No. Civ. 11737PublishedCited by 15 opinions

1Opinion of the CourtSturtevant, J.

To the first amended complaint of the plaintiff the defendant interposed a demurrer and also filed a motion to strike. Later the trial court sustained the demurrer without leave to amend and ordered that the motion to strike be dropped from the calendar. From the judgment on sustaining of demurrer the plaintiff has appealed.

The plaintiff sued to recover damages for injuries sustained when she tripped and fell on an alleged defective sidewalk. In her complaint she alleged that the defendant is a municipal corporation; that it maintains among others a sidewalk over and upon the southerly edge…

2Cases cited1 opinion

  1. Hall v. City of Los AngelesCalifornia Supreme Court · 1941

3Cited by15 opinions

  1. City of San Jose v. Superior CourtCalifornia Supreme Court · 1974
  2. Anske v. Borough of Palisades ParkNew Jersey Superior Court Appellate Division · 1976
  3. Pacific Telephone & Telegraph Co. v. County of RiversideCalifornia Court of Appeal · 1980
  4. State v. Zia, Inc.Alaska Supreme Court · 1976
  5. Hoffman v. City of Palm SpringsCalifornia Court of Appeal · 1959

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