Sheldon v. City of Los Angeles

In Sheldon v. City of Los Angeles (1942) 55 Cal.App.2d 690, a concrete slab in a sidewalk had settled, creating a graduated depression of up to one and one-half inches; immediately in front of the depression was a bench. (Id. at p. 692.) The plaintiff stepped down from a bus, circumnavigated the bench, and, upon turning past the bench, stepped into the deepest part of the depression. (Ibid.) The jury found in favor of the plaintiff. (Id. at p. 691.) On appeal, the city argued that the deficit in the sidewalk was trivial and minor as a matter of law. The court rejected this argument, stating only, "it is evident from an examination of the picture set forth above that the depression . . . was neither trivial nor minor." (Id. at pp. 692-693.)