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  5. 138 Cal.App.2d 428 (1956)
 

ALLEN v. JIM RUBY CONSTRUCTION CO.

Docket No. 20937.

138 Cal.App.2d 428 (1956)

291 P.2d 991

MAURICE WILSON ALLEN, Respondent, v. JIM RUBY CONSTRUCTION COMPANY (Individual's Fictitious Name), Appellant.

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

January 11, 1956.

Attorney(s) appearing for the Case

Schell, Delamer & Loring and Louis M. Welsh for Appellant.

Levy, Russell & De Roy, George De Roy and Jack Levine for Respondent.

SHINN, P.J.

In this action for personal injuries the complaint alleged that Jim Ruby Construction Company (a fictitious name under which Jim Ruby was doing business), while doing construction work for Freuhauf Trailer Company upon the latter's property caused an opening, hole, and excavation to be so carelessly and negligently left open and unguarded that plaintiff, while lawfully on the premises, fell into said opening and received injuries; defendant answered denying...

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