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GALLEGOS v. NASH, SAN FRANCISCO

Docket No. 16384.

137 Cal.App.2d 14 (1955)

289 P.2d 835

JOE A. GALLEGOS et al., Respondents, v. NASH, SAN FRANCISCO (a Corporation), Appellant.

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

November 16, 1955.

Attorney(s) appearing for the Case

Boyd & Taylor for Appellant.

MacInnis, Alaga & Glassman and Harry P. Glassman for Respondents.

BRAY, J.

Defendant Nash, San Francisco, a corporation,1 appeals from an order granting a new trial after verdict in its favor.

QUESTION PRESENTED

Was the new trial improperly granted, being based upon the trial court's assumption that it erred in giving an instruction on the doctrine of assumption of risk? The application of the doctrine depends upon whether there was evidence of one or more of the following matters:...

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