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ELI v. MURPHY

Docket No. S.F. 18647.

39 Cal.2d 598 (1952)

248 P.2d 756

JAMES ELI, a Minor, etc. et al., Respondents, v. LEO J. MURPHY et al., Defendants; CALIFORNIA MOTOR TRANSPORT COMPANY, LTD., Appellant.

Supreme Court of California. In Bank.

October 7, 1952.

Attorney(s) appearing for the Case

Clark & Heafey, Edwin A. Heafey, Rankin, Oneal, Luckhardt, Center & Hall, Augustin Donovan and Louis B. DeAvila for Appellant.

James F. Boccardo, Jean M. Blum and Edward J. Niland for Respondents.

TRAYNOR, J.

Plaintiffs were seriously injured when the automobile in which they were riding was struck from behind by a tractor and semitrailer, driven by defendant James D. Murphy, and owned by defendant Leo J. Murphy, James's father and employer. At the time of the accident, the equipment was being used to transport freight from Los Angeles to Oakland under a contract between defendant California Motor Transport Company, a highway common carrier licensed by the...

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