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NGIM v. CITY & COUNTY OF SAN FRANCISCO

Docket No. 19033.

193 Cal.App.2d 138 (1961)

13 Cal. Rptr. 849

RICHARD NGIM, Respondent, v. CITY AND COUNTY OF SAN FRANCISCO, Appellant.

Court of Appeals of California, First District, Division One.

June 19, 1961.

Attorney(s) appearing for the Case

Dion R. Holm, City Attorney, and Paul J. DiNoia, Deputy City Attorney, for Appellant.

John W. Collier, City Attorney (Oakland), and Mark B. Shragge, Deputy City Attorney, as Amici Curiae on behalf of Appellant.

Carroll, Davis, Burdick & McDonough for Respondent.

TOBRINER, J.

Appellant city urges two reasons why respondent's judgment for damages caused by the flooding of a store basement with sewage should not stand: first, the evidence did not support the jury's finding of appellant's general negligence; second, the case should not have been submitted on the theory of general negligence, but upon instructions which framed the requirements of the Public Liability Act. We have concluded for the reasons hereinafter set out that...

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