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ECHOLS v. FABYUNKEY

Docket No. 8662.

137 Cal.App.2d 477 (1955)

290 P.2d 260

CLIFFORD H. ECHOLS et al., Appellants, v. CARL C. FABYUNKEY, SR., Respondent.

Court of Appeals of California, Third District.

December 2, 1955.

Attorney(s) appearing for the Case

Erling S. Norby for Appellants.

Rich, Fuidge & Dawson and Rich, Carlin & Fuidge for Respondent.

SCHOTTKY, J.

Plaintiffs commenced an action for damages alleging that the death of their son, Thomas Echols, age 2 years, 10 months, was caused by the negligent operation of defendant's 1948 pickup truck. Defendant filed an answer denying any negligence on his part and also setting up the defense that plaintiffs were negligent in that they failed to exercise due care for the safety of their son and were themselves guilty of negligence and contributory negligence....

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