They left their home in the family automobile with Mr. 293, 10 P.2d 62.Ībout September 10, 1937, the Works Progress Administration temporarily withdrew its support from the project and the water pipe lay along the curbing on Tenth street until about March 30, 1938.ĭuring the evening of November 22, 1937, plaintiff, her husband, their daughter and two of her girl friends, decided to attend the picture theatre at the corner of Tenth and “F” streets. Thus the city must be held to have had notice of the condition on the public street which was created by the water pipe along the curb. At least some, if not all, of the members of the city council had actual knowledge of the position of the pipe in the street shortly after September 1, 1937. The pipe was placed along the curb by employees of the city under the direction of Skidmore who was in charge of the work. Thus the top of the pipe, as it rested against the curb, rose between four and five inches above it. The pipe had an outside diameter of over eleven inches with a bell on one end which had an outside diameter of over twelve inches. Black ten-inch cast iron water pipe in eighteen-foot sections was purchased and strung out, end to end, along the southerly curb line of Tenth street. There are electroliers on the southerly side of Tenth street at the intersections with the alley and “F” street.ĭuring the summer of 1937 the city of Reedley planned to extend its municipal water system, receiving aid in the project from the Works Progress Administration. A moving picture theatre occupies the northerly side of Tenth street, extending from the alley to “F” street, with its entrance on Tenth street at the corner of “F” street. An alley parallels these streets and bisects the block. It is intersected at right angles by “G” and “F” streets, the former forming the westerly and the latter the easterly boundaries of a block. It runs easterly and westerly and has curbs on both sides which rise seven inches above the gutters. Tenth street is a public street in the city of Reedley. Skidmore was city engineer and superintendent of the municipal water works. Gregg was superintendent of streets and C.E. 93, as amended.) Defendants Carlisle, Smith, Neufeld and Cree were members of the city council. The city of Reedley is a municipal corporation of the sixth class organized and existing under the Municipal Corporation Act. A verdict was returned in favor of all the individual defendants and against the city. This is an action to recover damages for injuries received by plaintiff when she fell from a curb into a public street of the city of Reedley. Stammer and Galen McKnight, both of Fresno, for respondent. Tackaberry, of Reedley, and Bronson, Bronson & McKinnon, of San Francisco, for appellant. District Court of Appeal, Fourth District, California.īARSOOM v.
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