Garcia v. Soogian
California Supreme Court
52 Cal. 2d 107, 338 P.2d 433 (1959)
- Written by Sharon Feldman, JD
Facts
Harry Soogian and others (Soogian) (defendants) owned a lot on which building materials for prefabricated houses were stored. The lot was watched during working hours, and children were ordered away when seen. One evening, Dolores Garcia (plaintiff), who was nearly 13 years old, was playing hide-and-seek on the lot as it was getting dark. Building panels containing windows were stored away from the street in orderly, uncovered 24-to-30-inch-high stacks. The glass could be reached only at the top of a stack. Garcia attempted to jump over a stack and cut her ankle when her foot crashed through the glass. Garcia sued Soogian to recover damages for her injury. After a bench trial, the court found for Garcia. Soogian appealed, arguing that the judgment was not supported by the evidence.
Rule of Law
Issue
Holding and Reasoning (Gibson, C.J.)
Concurrence/Dissent (Spence, J.)
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