Harlan v. City of Tucson

McCARTHY, Superior Court Judge.

This is an appeal by plaintiffs-appellants from a summary judgment in favor of defendant-appellee, holding under the undisputed facts that the city owed no duty to plaintiffs for personal injuries alleged to have been proximately caused by the claimed negligence of the city in the construction and maintenance of one of its streets.

The facts may be summarized as follows: On September 8, 1953, at approximately 4:30 a. m., the plaintiffs were riding as passengers in a motor vehicle being driven and owned by one Robert Ambro. Ambro and his wife are named as…