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M & M TRANSPORT v. CAL. AUTO TRANSPORT

Docket Nos. L.A. 23197, 23198.

43 Cal.2d 847 (1955)

279 P.2d 13

M & M LIVESTOCK TRANSPORT COMPANY (a Corporation), Respondent, v. CALIFORNIA AUTO TRANSPORT COMPANY et al., Defendants; WALTER ALVES et al., Appellants. VERN BAKER, Respondent, v. WALTER ALVES et al., Appellants.

Supreme Court of California. In Bank.

January 28, 1955.

Attorney(s) appearing for the Case

Conron, Heard & James and Calvin H. Conron for Appellants.

Kenneth J. Thayer, Dorsett M. Phillips, William A. Kurlander and Leslie G. MacGowan for Respondents.

CARTER, J.

Defendants appeal from judgments awarding plaintiffs Baker and M & M Livestock Transport Company damages for harm to their trucks arising out of a collision in which three other trucks were involved. The cases were consolidated for trial by the court sitting without a jury.

Viewing the evidence most favorable to plaintiffs the following appears: The collision occurred about 2 p.m. on a clear day on Highway 466 in the Tehachapi Mountains. The...

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