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BIRCH v. MAHANEY

Docket No. 16218.

137 Cal.App.2d 584 (1955)

290 P.2d 579

REX BIRCH, Appellant, v. WILLIAM J. MAHANEY et al., Respondents.

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

December 8, 1955.

Attorney(s) appearing for the Case

Albert Picard for Appellant.

Boyd & Taylor for Respondents.

PETERS, P.J.

Plaintiff brought this action against the owners and operators of a restaurant, claiming to have been injured therein by reason of the negligence of a waitress. Defendants denied the major allegations of the complaint, and pleaded contributory negligence as an affirmative defense. The cause proceeded to trial before a jury. The jury brought in a verdict for the plaintiff in the sum of $5,000. The defendants moved for a new trial on practically all of...

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