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GILLESPIE v. CITY OF LOS ANGELES

Docket No. 7583.

114 Cal.App.2d 513 (1952)

250 P.2d 717

OTTIE GILLESPIE et al., Appellants, v. CITY OF LOS ANGELES et al., Defendants; STATE OF CALIFORNIA, Respondent.

Court of Appeals of California, Third District.

December 3, 1952.

Attorney(s) appearing for the Case

Ben C. Cohen and Leo Shapiro for Appellants.

Edmund G. Brown, Attorney General, Alexander Googovian, Deputy Attorney General, Robert E. Reed and Russell S. Munro, Attorneys for Department of Public Works, for Respondent.

SCHOTTKY, J. pro tem.

Plaintiffs and appellants commenced an action against defendants for damages for the death of the occupants of an automobile which, on September 4, 1943, went off the Topanga Canyon Road, also known as State Highway Route 156, in the city of Los Angeles, fell to the bottom of the canyon and burned. The complaint alleged a dangerous, unsafe and defective condition in the highway, consisting of a sharp, unmarked curve without

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