BARR v. CARROLL

Docket No. 16033.

128 Cal.App.2d 23 (1954)

274 P.2d 717

RAYMOND HUNTER BARR, Respondent, v. ALICE MARION CARROLL, Appellant.

Court of Appeals of California, First District, Division One.

October 8, 1954.


Attorney(s) appearing for the Case

Campbell, Custer, Warburton & Britton, Alfred B. Britton, Jr., and W.R. Dunn for Appellant.

J.W. Ehrlich, Roy A. Sharff and Stanford G. Smith for Respondent.


BRAY, J.

Defendant's appeal from a judgment entered on a jury verdict in favor of plaintiff presents only one question: in view of the allegations of the original and first amended complaints, alleging guest status of plaintiff in defendant's automobile and wilful misconduct of defendant, did the first count in the second amended complaint alleging involuntary passenger status of plaintiff and negligence of defendant, set up a new and different cause of action?

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