Aguirre v. City of Los Angeles

• Citation: 46 Cal.2d 841,299 P.2d 862
• Court: United States State Supreme Court (California)
• Decision Date: 20 July 1956
• Parties: Angelita AGUIRRE, by and throught her quardian ad litem, Lino Aguirre, Plaintiff and Appellant, v. CITY OF LOS ANGELES, Defendant and Respondent. L. A. 24125.

Page 862

299 P.2d 862

46 Cal.2d 841

Angelita AGUIRRE, by and throught her quardian ad litem, Lino Aguirre, Plaintiff and Appellant, v. CITY OF LOS ANGELES, Defendant and Respondent.

L. A. 24125.

Supreme Court of California, In Bank.

July 20, 1956.

Rehearing Denied Aug. 16, 1956.

Richard A. Ibanez, Los Angeles, for appellant.

Roger Arnebergh, City Atty., Bourke Jones, Asst. City Atty., and William E. Still, Deputy City Atty., Los Angeles, for respondent.

McCOMB, Justice.

From an order granting defendant's motion for a nonsuit in an action to recover damages for injuries resulting from a defective condition in a sidewalk maintained by defendant, predicated on the ground that the evidence did not show a cause of action under the Public Liability Act of 1923 (Gov.Code, §§ 53050 et seq.) because it was insufficient to prove notice or knowledge upon the part of defendant of the dangerous condition which existed, plaintiff appeals.

The record discloses that on August 7, 1953, plaintiff, a monor, was roller skating on the public sidewalk at the southeast corner of Towne Avenue and 7th Street in the city of Los Angeles. On the sidewalk and flush with it was a cement lid approximately one foot by two feet in size, about three feet from the curb. This lid was called a 'pull box.' The lid had two brass inverted J-bolts used to raise it. It covered an underground box containing transformers and electrical lines which formed part of the street lighting system in the area. Between the pull box and the curb was a metal lamppost.

While skating plaintiff grabbed the metal lamppost with her left hand and arm. At the same time her metal skates touched the J-bolts and she received a severe electric shock and suffered burns on her arm.

The street lamp system had been installed in the area in 1950. The lines going through the pull box carried over 4000 volts. The J-bolts extended through the bottom of the lid so that it was possible for them to wear through the insulation of the power lines and become energized by contact with such lines. The J-bolts had worn through the insulation in the power lines causing the J-bolts to become energized, with the result that when plaintiff stepped on them with her skates, at the same time touching the metal lamp standard, she received an electric shock.

At the time of the installation of the street lamp system it had been tested to determine whether there were any defects in the power lines. The electrical lines were not tested or inspected after the initial test although maintenance, such as painting the lampposts, was performed.

Defendant urges in support of the order: That the evidence fails to disclose defendant had either actual or constructive notice of the defective condition of the public property here involved.

This proposition is unsound for these reasons:

(1) Where the evidence discloses that a municipality has created the condition for which plaintiff seeks to hold it liable, it is not necessary to introduce further evidence to show knowledge upon the part of the municipality of the defective condition created by it which has resulted in injury. (Fackrell v. City of San Diego, 26 Cal.2d 196, at page 203(1), 157 P.2d 625, 158 A.L.R. 773; Sandstoe v. Atchison, T. & S. F. Ry. Co., 28 Cal.App.2d 215, at page 219(4), 82 P.2d 216; Wise v. City of Los Angeles, 9 Cal.App.2d 364, at page 367(4), 49 P.2d 1122, 50 P.2d 1079.)

(2) Where the public authority which has planned and constructed a sidewalk and electrical improvements in connection therewith has knowledge of circumstances which reasonably might be expected to result in a dangerous condition as a natural, probable consequence of the work (such as installing electrical equipment etc.), it is incumbent on it to...