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BAUMERT v. GOVAKER

Docket No. 21441.

143 Cal.App.2d 691 (1956)

299 P.2d 964

PETER E. BAUMERT, Appellant, v. CHARLES L. GOVAKER, et al., Respondents.

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

August 6, 1956.

Attorney(s) appearing for the Case

William P. Malloy and Robert M. Newell for Appellant.

Stephen J. Grogan and Henry N. Cowan for Respondents.

SHINN, P.J.

Plaintiff appeals from a judgment of nonsuit in a personal injury action arising out of a collision between his motorcycle and a car driven by defendant Govaker. It was stipulated at the trial that Govaker was an employee of defendant Sears, Roebuck and Company and was acting within the scope of his employment at the time of the accident. The case was tried to a jury.

The evidence as interpreted most favorably to plaintiff (Overton v.

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