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HOLM v. CITY OF SAN DIEGO

Docket No. L.A. 21216.

35 Cal.2d 399 (1950)

217 P.2d 972

ORLANDO E. HOLM et al., Appellants, v. CITY OF SAN DIEGO et al., Respondents.

Supreme Court of California. In Bank.

May 11, 1950.

Attorney(s) appearing for the Case

Sweet, Ault & Warner and C. Rupert Linley for Appellants.

McInnis & Hamilton and Jean F. DuPaul, City Attorney, for Respondents.

CARTER, J.

Plaintiffs' action for damages for personal injuries is predicated on the alleged negligence of defendants, city of San Diego, and an employee thereof, in the operation of a motor vehicle by the employee in the course of his employment. The sole basis of liability of defendant city is respondeat superior, and there is no claim that the negligence consisted of a dangerous or defective condition of any city property or works. Defendants' demurrer,...

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