Peck v. City of Modesto

WARNE, J. pro tem. *

This is an appeal from a judgment on the pleadings in favor of respondent city of Modesto in an action brought by appellant to recover damages for injuries allegedly suffered as the result of a fall caused by a dangerous and defective condition of a public sidewalk maintained by the city.

The complaint alleged that on May 23, 1957, appellant filed and served a claim for damages upon the respondent city. A copy of the claim is attached to the complaint as an exhibit and by reference incorporated therein. The answer to the complaint denies the allegations of the complaint and…