(DOWNLOAD) "Devers v. Greenwood" by Second Appellate District, Division One District Court Of Appeal Of California ~ eBook PDF Kindle ePub Free

June 18, 2021

eBook details

Title: Devers v. Greenwood
Author : Second Appellate District, Division One District Court Of Appeal Of California
Release Date : January 20, 1956
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 61 KB

Description

The complaint in this action contained three cause of action. The following facts were alleged in the first cause of action. From about the year 1929 until on or about the 12th day of October, 1950, Rodeo Land and Water Company (Rodeo) owned Lots 34 and 40 of tract 13101 in Los Angeles County, on which latter date it sold Lot 40 to plaintiffs, and on or about June 18, 1951, sold Lot 34 to John K. Keefe and Dorothy I. Keefe; lot 34 is on a hillside with a slope of approximately 60 degrees and Lot 40 adjoins and lies below Lot 34; between 1947 and 1951, in leveling the upper portion of lot 34, Rodeo deposited on the hillside and in a small gully extending down through Lot 34 many tons of earth and that Rodeo failed to provide any retaining walls or bulkheads or other means to prevent the sliding of the loose earth in periods of rainfall; that from and after October 12, 1950, Rodeo knew or should have known that the condition created an unreasonable risk and hazard of injury to Lot 40 but took no steps to prevent such an occurrence. Plaintiffs constructed on Lot 40 a residence and other improvements at large cost; that when the Keefes bought Lot 34 they were informed by Rodeo that the lot contained said fill and the Keefes knew or should have known that the condition constituted an unreasonable risk and hazard of injury to plaintiffs improvements on Lot 40 but that the Keefes negligently failed to provide retaining walls or take