O'DONNELL v. MULLANEY

Docket No. L.A. 29409.

66 Cal.2d 994 (1967)

429 P.2d 160

59 Cal. Rptr. 840

MARGARET H. O'DONNELL et al., Plaintiffs and Appellants, v. WILLIAM FRANCIS MULLANEY et al., Defendants and Respondents.

Supreme Court of California. In Bank.

July 3, 1967.


Attorney(s) appearing for the Case

Jones & Weldon, H.H. Hegner, Jr., Ronald L. Goldman, Edward I. Pollock and Eugene P. Fay for Plaintiffs and Appellants.

Heily & Blase, Neil D. Heily, De Witt F. Blase and Edward L. Lascher as Amici Curiae on behalf of Plaintiffs and Appellants.

Cushman & Grover, Daniel O. Howard and Henry E. Kappler for Defendants and Respondents.

Betts & Loomis, Moss, Lyon & Dunn, Early, Maslach, Foran & Williams, Harry Boyd, Barnes, Benton, Orr, Duval & Buckingham and Edwin Duval as Amici Curiae on behalf of Defendants and Respondents.


PETERS, J.

This is an appeal on a settled statement of facts (rule 7, Cal. Rules of Court) from a judgment entered on a jury verdict in favor of defendants in a wrongful death case. The trial court refused to give instructions on negligence, and ruled that the California guest law (§ 17158 of the Veh. Code) applied, and instructed that plaintiffs could recover only upon a finding of willful misconduct. The sole question...

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