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MOFFAT v. SMITH

Docket No. Sac. 5997.

33 Cal.2d 905 (1949)

206 P.2d 353

EUGENE ALAN MOFFAT, Appellant, v. BESSIE B. SMITH, as Executrix, etc., Respondent.

Supreme Court of California. In Bank.

May 31, 1949.

Attorney(s) appearing for the Case

David S. Folsom for Appellant.

Chester O. Hansen and John Said for Respondent.

Maurice E. Harrison and Moses Lasky as Amici Curiae on behalf of Respondent.

THE COURT.

The majority opinion of the District Court of Appeal of the Third Appellate District is adopted as the opinion of this court. It is as follows:

"Plaintiff brought this action seeking the recovery of damages for injuries sustained in an automobile collision alleged to have been due to carelessness and negligence on the part of one David D. Copenhaver. The latter having died subsequent to the accident, the action was brought against the executrix...

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