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JOHNSTON v. ORLANDO

Docket No. 16263.

131 Cal.App.2d 705 (1955)

281 P.2d 357

ARCHIE L. JOHNSTON, Respondent, v. SALVATORE C. ORLANDO et al., Appellants.

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

March 22, 1955.

Attorney(s) appearing for the Case

Rankin, Oneal, Luckhardt, Center & Hall, Maurice J. Rankin, Marshall S. Hall and Byron J. Snow for Appellants.

Morgan & Beauzay for Respondent.

BRAY, J.

Defendants appeal from a judgment on a jury verdict of $5,000 in favor of plaintiff in a personal injury action.

QUESTIONS PRESENTED

1. Whether the evidence brings the case within the general rule that one who voluntarily assumes a duty by affirmative conduct must exercise due care in performing that duty (Prosser on Torts, 194-197). 2. Should an instruction on unavoidable accident have been given?

EVIDENCE

Defendant Salvatore...

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