[DOWNLOAD] "Temple v. Emanuel Center" by Second Appellate District, Division Two District Court Of Appeal Of California " eBook PDF Kindle ePub Free

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eBook details

• Title: Temple v. Emanuel Center
• Author : Second Appellate District, Division Two District Court Of Appeal Of California
• Release Date : January 01, 1950
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

This appeal is presented upon an agreed statement from which it appears that plaintiff sustained personal injuries while walking in a pedestrian crosswalk on Broadway Street in the city of San Diego; that she tripped and fell on a ridge extending across the crosswalk; that, according to the complaint, her fall was caused by the negligent condition of the street, and that the ridge was caused by the negligence of the city of San Diego through its officers and employees; that on July 8, 1947, plaintiff filed her verified claim with the auditor and comptroller of the city of San Diego, setting forth and specifying her name and address, the date and place of the accident, the extent of her injuries and damages suffered by her; that the plaintiff did not file or present her verified claim to the city clerk of the said city; that on August 12, 1947, the city council of San Diego considered the said claim and, by resolution, denied it; that thereafter plaintiff filed the present action and at the trial introduced evidence of her injuries and the filing of the claim with the city auditor and comptroller; that at the conclusion of plaintiffs case, the defendant moved for a nonsuit on the ground that the plaintiff had failed to comply with the requirements of section 1981 of the Government Code in that she did not file her verified claim with the city clerk, and that the filing of the said claim with the auditor and comptroller was not sufficient in law. The trial court thereupon granted the defendants motion for nonsuit on the grounds stated and judgment was entered in favor of the defendant. The agreed statement also contains a recital that the sole question to be determined on this appeal is whether the filing by the plaintiff of her verified claim with the city auditor and comptroller constituted a sufficient compliance with section 1981 of the Government Code.

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