Knowles v. Roberts-At-The-Beach Co.

Plaintiff, Leitha R. Knowles, a woman of over 30 was injured when, dining as a patron in defendants’ restaurant, she took part in a hobbyhorse race organized by defendants for the amusement of their patrons. The jury found for defendants and plaintiff appeals. She assigns two errors: (1) As a matter of law she had assumed no risk and it was therefore error to submit the issue of assumption of risk to the jury. (2) It was error to exclude evidence of violation by defendants of section 1049 of the Police Code of San Francisco which requires persons operating any “. . . swing, slide or…