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PENA v. STEWART

No. 5878.

78 Ariz. 272 (1955)

278 P.2d 892

Don PENA, Administrator of the Estate of Frankie Pena, and Don Pena and Esther M. Pena, husband and wife, Appellants, v. W.R. STEWART and Mae B. Stewart, his wife, and The Phoenix Title & Trust Company, a corporation, and Central Arizona Light & Power Company, now known as Arizona Public Service Company, a corporation, Appellees.

Supreme Court of Arizona.

January 18, 1955.

Attorney(s) appearing for the Case

W. Roy Tribble, Chandler, and John Vanlandingham, Theodore G. McKesson, Phoenix, for appellants.

Johnson & Shelley, Mesa, for appellees Stewart.

Moore & Romley and Anthony T. Deddens, Phoenix, for appellee Title Co.

Snell & Wilmer, Phoenix, for appellee Utility Co.

UDALL, Justice.

This is an appeal from a judgment entered on a directed verdict at the close of plaintiffs' case in favor of all the above-named defendants on the ground that plaintiffs had failed to present a prima facie case of negligence against any of said defendants. Plaintiffs by appropriate assignments of error, supported by several propositions of law, challenge the correctness of the court's evaluation of the evidence...

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