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RABER v. TUMIN

Docket No. L.A. 21530.

36 Cal.2d 654 (1951)

226 P.2d 574

BERTRAND RABER, Appellant, v. SAUL TUMIN et al., Respondents.

Supreme Court of California. In Bank.

January 30, 1951.

Attorney(s) appearing for the Case

Linnell & Smith and Charles T. Smith for Appellant.

Spray, Gould, Duckett & Bowers and Malcolm Archbald for Respondents.

SCHAUER, J.

Plaintiff seeks to recover damages for personal injuries. Named as defendants are Saul Tumin, who was the lessee of a store in which the injuries were received, and Tumin's employe Endriss, a carpenter. At the close of plaintiff's case the court granted the defendants' motions for nonsuit, and plaintiff appeals. We conclude that as to both defendants the matter should have gone to the jury.

[1] The granting of a motion for nonsuit...

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