California Court of Appeal January 15, 1906, Civ. No. 107. (Carty v. Boeseke-Dawe Co.)

ALLEN, J.

Action on account of alleged negligence. Verdict and judgment for plaintiff. Defendant appeals. •

The record discloses that De La Vina street is a public street running northerly and southerly through the city of Santa Barbara; that defendant

under

authority from the municipality entered upon such street, near its intersection with Ortega street, and made an excavation in the center