HESSION v. CITY & COUNTY OF S.F.

Docket No. 15396.

122 Cal.App.2d 592 (1954)

265 P.2d 542

JAMES J. HESSION, Respondent, v. THE CITY AND COUNTY OF SAN FRANCISCO, Appellant.

Court of Appeals of California, First District, Division Two.

January 19, 1954.


Attorney(s) appearing for the Case

Dion R. Holm, City Attorney, and George E. Baglin, Deputy City Attorney, for Appellant.

Hoberg & Finger for Respondent.


KAUFMAN, J.

The court granted a rehearing in this case to give further consideration to appellant's contention that the jury was improperly instructed as to proximate cause and that the trial court gave an erroneous instruction which brought about the exoneration of the codefendant, Western Pacific Railway.

Here the dangerous condition of the wire had existed for many years. There was a clear duty under the law requiring the city to maintain the wires at a...

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