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MARTINEZ v. SOUTHERN PACIFIC CO.

Docket No. S.F. 19308.

45 Cal.2d 244 (1955)

288 P.2d 868

KATIE MARTINEZ et al., Respondents, v. SOUTHERN PACIFIC COMPANY (a Corporation) et al., Defendants; WILLIAM LOPEZ MARTINEZ et al., Appellants

Supreme Court of California. In Bank.

October 14, 1955.

Attorney(s) appearing for the Case

John Said and Crossland & Crossland for Appellants.

Higgs, Fletcher & Mack, DeWitt A. Higgs, Betts, Ely & Loomis, Spray, Gould & Bowers, Parker, Stanbury, Reese & McGee, Early, Maslach, Foran & Williams and Teague & Dixon as Amici Curiae on behalf of Appellants.

John D. Chinello and Lawrence E. Viau, Jr., for Respondents.

SPENCE, J.

Plaintiffs sought damages for personal injuries sustained when an automobile in which they were riding collided with a Southern Pacific switch engine. The automobile was owned by defendant Carmen R. Martinez, and was being driven by his son, defendant William Lopez Martinez. The complaint alleged that William was driving the automobile with the permission of its owner, Carmen; that each plaintiff was "a passenger...

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