City & County of San Francisco v. Ho Sing
California Supreme Court
1Opinion of the CourtCarter, J.
This is an appeal by the city and county of San Francisco, a municipal corporation, from a judgment after defendants’, Ho Sing and Ho Lum Shee, demurrer to its complaint had been sustained without leave to amend.
Mr. and Mrs. Ho purchased a building in San Francisco. Their predecessors in title had installed a sidewalk skylight in front of the building. This skylight was over a basement which was maintained by defendants Ho. During the course of defendants’ possession of the building, the sidewalk skylight developed a crack two inches wide and 18 inches long. On August 24,1952, one Mrs. Wagner…
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