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STEWART v. COX

Docket No. L.A. 26215.

55 Cal.2d 857 (1961)

362 P.2d 345

13 Cal. Rptr. 521

RALPH E. STEWART et al., Respondents, v. LEWIS COX, Appellant.

Supreme Court of California. In Bank.

May 25, 1961.

Attorney(s) appearing for the Case

Caryl Warner, Warner, Sutton & Warner and Barbara Warner for Appellant.

Max Candiotty and Norman Warren Alschuler for Respondents.

GIBSON, C.J.

Plaintiffs, Ralph and June Stewart, brought this action for damages to their real property resulting from the escape of water from a swimming pool constructed on the property in a negligent manner. Prior to trial plaintiffs received $4,500 from defendant Wahlstrom Bros., Inc. (hereafter called Wahlstrom), the general contractor who had agreed to construct the pool for them, and they dismissed the action as to...

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