MAWHINEY v. SIGNAL TRUCKING CO.

Docket No. 20487.

132 Cal.App.2d 809 (1955)

283 P.2d 27

MILDRED E. MAWHINEY, Appellant, v. SIGNAL TRUCKING COMPANY (a Corporation), Respondent.

Court of Appeals of California, Second District, Division Three.

May 10, 1955.


Attorney(s) appearing for the Case

Hahn, Ross & Saunders for Appellant.

Crider, Tilson & Ruppe and Elber H. Tilson for Respondent.


VALLÉE, J.

Appeal by plaintiff from a judgment of nonsuit in an action for the alleged wrongful death of her husband, Shelley Mawhiney.

Defendant, a trucker, operated an 11-acre depot for servicing and storing its trucks. Defendant hired Higbie as a contractor to connect gasoline storage tanks, which were buried about 9 feet underground, with pumps to be installed by defendant. Mawhiney was an employee of Higbie. Defendant and Higbie agreed that defendant...

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