Durante v. City of Oakland

THE COURT.

The defendant appeals from a judgment awarded plaintiffs for damage to personal property. Defendant concedes that the complaint stated a cause of action under the Public Liability Act of 1923. (Stats. 1923, p. 675.) It alleged that defendant used broken and defective sewer pipes in a public sewer system under the surface of Washington Street in Oakland, and knowingly maintained the same in a dangerous and defective condition, with the result that plaintiffs’ basement at 811 Washington Street was flooded and their merchandise damaged. It was further alleged that a claim for the…