Gazzera v. City & County of San Francisco

Action for damages to real property. Plaintiffs appeal from a judgment for the defendant city rendered by the court sitting without a jury.

Plaintiffs’ house and property are situated on the northeast corner of the intersection of Kirkwood Avenue and Men-dell Street, facing Kirkwood Avenue. The house and lot immediately adjacent on the northwest were owned by Thomas T. Shoaf and were occupied by Mrs. Margaret MacArtney, his daughter. Mendell Street was graded and paved in 1917 but no paving was laid in the intersection as Kirkwood was unimproved. In 1930, pursuant to a request of Mr. Shoaf,…