KEMLINE v. SIMONDS

Docket No. 21678.

231 Cal.App.2d 165 (1964)

41 Cal. Rptr. 653

KAREN KEMLINE, a Minor, etc., et al., Plaintiffs and Appellants, v. JAMES B. SIMONDS et al., Defendants and Respondents.

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

December 14, 1964.


Attorney(s) appearing for the Case

Gunnar G. Gunheim and B.V. Yturbide for Plaintiffs and Appellants.

James P. Shovlin, Jr., and Herbert Chamberlin for Defendants and Respondents.


AGEE, J.

While 8-year-old plaintiff Karen and her parents were social guests at the home of defendants Mr. and Mrs. Simonds, Karen received injuries which resulted in this action. Karen and her father, who sued for medical expenses, appeal from the judgment entered upon a jury verdict in favor of the Simonds. The principal issue is whether the court erred in instructing the jury upon the doctrine of assumption of risk...

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