57 Cal. App. 2d 82 | Cal. Ct. App. | 1943
Respondent adopts appellants’ statement of facts as related in their brief. It shows that about
This case was decided by the trial court on February 17, 1941, prior to the decision in the cases of Pipoly v. Benson, 20 Cal.2d 366 [125 P.2d 482], decided May 1, 1942, and Ryan v. San Diego Electric Railway Co., 52 Cal.App.2d 460 [126 P.2d 401], holding in effect that an ordinance prohibiting pedestrians from crossing public roadways other than by cross-walks in a central or business district is invalid. Respondent now contends that notwithstanding the ruling in the above entitled cases that the ordinance is invalid, that appellants, by their failure to object to the reception of the city ordinance in evidence, have waived their right to argue the question of the invalidity of the ordinance on appeal, citing Hershey v. Reclamation District No. 108, 200 Cal. 550 [254
Judgment reversed.
Barnard, P. J., and Marks, J., concurred.