Spence v. Schultz

Citations

• 103 Cal. 208
• 37 P. 220
• 1894 Cal. LEXIS 750

Syllabus

<p>Negligence—Unprotected Excavation in Sidewalk—Violation of Ordinance—Independent Contractor.—Where the making and maintenance of an excavation in a sidewalk is unlawful, for want of compliance with an ordinance of the city on the subject, the owner of the premises cannot relieve himself of the duty of complying with the ordinance by shifting it on to an independent contractor.'</p> <p>Id.—Liability for Nuisance.—An unprotected excavation in the sidewalk of a populous street in the city is so dangerous a pitfall as to be in the nature of a nuisance; and he who causes it to be done, knowing beforehand its nature and character, cannot escape liability to one who innocently falls into it, upon the ground that he let out the job of creating the nuisance to an independent contractor.</p>