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BILTGEN v. CITY OF SAN MATEO

Docket No. 15898.

127 Cal.App.2d 474 (1954)

274 P.2d 21

MICHAEL DAVID BILTGEN et al., Appellants, v. CITY OF SAN MATEO, Respondent.

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

September 20, 1954.

Attorney(s) appearing for the Case

Edward A. Friend for Appellants.

Clark & Heafey, Schofield & Hannegan and Gerald P. Martin for Respondent.

DOOLING, J.

Plaintiffs appeal from a judgment entered in favor of defendant City of San Mateo after the court sustained a demurrer of that defendant to their second amended complaint without leave to amend. The action is one for the alleged wrongful death of the husband and father of the respective plaintiffs who was struck and killed by a train at a railroad crossing. The charging portion of the complaint insofar as it relates to the defendant city recites:

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