Stanford v. City of Ontario

Opinion

SULLIVAN, J.

Plaintiff appeals from a portion of a judgment of nonsuit entered in an action for damages for personal injuries.

Viewing the evidence under the well-settled rules governing nonsuits 1 and in the light most favorable to plaintiff, we set forth the following pertinent facts.

In February 1966, Mrs. Mary Morrison, a resident of defendant City of Ontario (City) wished to connect her dwelling on East Fifth Street with the City’s common sewer system which ran underneath the street but did not extend as far as her home. A city ordinance required homeowners in Mrs. Morrison’s…