Gillespie v. City of Los Angeles

I dissent.

The majority hold: (1) That under the law the state has the exclusive right to maintain traffic warning devices along state highways and therefore the city having no power to maintain them cannot be held responsible for its failure to do so. (2) That the city did not acquire such authority under its contract with the state. I cannot agree with either proposition.

As to the first proposition, there are two answers. First, the statutes correctly construed, confer upon both the city and the state the right to maintain traffic warning signs. The majority rely upon provisions of the…