California Court of Appeal January 19, 1959, Civ. 22974 (Ellis v. City of Los Angeles)

SHINN, P. J.

Appeal by the city of Los Angeles from an order granting plaintiffs a new trial in an action under the Public Liability Act (Gov. Code, §53051), for the wrongful death of Treva Ellis. The verdict of the jury was in favor of the defendant; upon a former trial the jury had disagreed.

In October 1953, the city entered into a contract with Ellis’ employer, Peter Kiewit and Sons, Inc.