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McDONALD v. SHELL OIL CO.

Docket No. L.A. 23543.

44 Cal.2d 785 (1955)

285 P.2d 902

ANDREW V. McDONALD, Appellant, v. SHELL OIL COMPANY, INC. (a Corporation) et al., Respondents.

Supreme Court of California. In Bank.

July 1, 1955.

Attorney(s) appearing for the Case

James C. Hollingsworth, Edward Henderson and Margaret Keller for Appellant.

Bauder, Gilbert, Thompson & Kelly, Bauder, Gilbert, Thompson, Kelly & Veatch, Churchill & Teague, E. Perry Churchill and W.I. Gilbert for Respondents.

SPENCE, J.

Plaintiff appeals from a judgment of nonsuit granted at his third trial, the two previous trials having resulted in jury verdicts for plaintiff followed by the granting of motions for new trial. Viewing the evidence in the light most favorable to plaintiff and disregarding conflicts in accordance with the settled rules applicable in testing the propriety of nonsuits (Huffman v. Lindquist, 37 Cal.2d 465

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