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BARTON v. MESSMORE

Docket No. 19615.

122 Cal.App.2d 813 (1954)

265 P.2d 949

HAPPY MAY BARTON et al., Appellants, v. ORVAL DWIGHT MESSMORE et al., Respondents.

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

January 26, 1954.

Attorney(s) appearing for the Case

Donkin & Mulholland and Robert A. Cushman for Appellants.

George A. Kuittinen for Respondents.

WHITE, P.J.

On December 2, 1951, at about 9:45 in the evening, Clarence O. Barton was operating his automobile in a southerly direction on Lincoln Boulevard in Santa Monica, California, accompanied by his wife, one of the plaintiffs herein, Happy May Barton. Their automobile was struck from the rear by a tractor and semitrailer operated by the defendant Orval Messmore and owned by defendant Union Truck Company. As a result of the accident Clarence O.

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