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GIBBONS v. CITY OF SAN BERNARDINO

Docket No. 4197.

108 Cal.App.2d 33 (1951)

238 P.2d 115

ROSEMARY GRAVATT GIBBONS, Appellant, v. THE CITY OF SAN BERNARDINO et al., Defendants; HERZ PAVING COMPANY (a Copartnership), Respondent.

Court of Appeals of California, Fourth District.

December 5, 1951.

Attorney(s) appearing for the Case

Wing, Wing & Brown for Appellant.

Wilson & Wilson for Respondent.

MUSSELL, J.

Plaintiff Rosemary Gravatt Gibbons appeals from a judgment of nonsuit in favor of defendant Herz Paving Company in an action for the wrongful death of plaintiff's 20-year-old son, Charles Gravatt. The action was filed by the appellant and one Harry R. Berkheimer against the City of San Bernardino, its mayor, councilmen, and street superintendent, and Herz Paving Company, a copartnership. Prior to trial, a covenant not to sue was executed by the city and...

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