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PASSARINO v. CITY OF MERCED

Docket No. 9124.

153 Cal.App.2d 887 (1957)

314 P.2d 128

JOHN PASSARINO, Plaintiff and Appellant, v. CITY OF MERCED, Defendant and Appellant; ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY (a Corporation), Respondent.

Court of Appeals of California, Third District.

July 31, 1957.

Attorney(s) appearing for the Case

C. Ray Robinson, W.E. Craven and Donald E. Oren for Plaintiff and Appellant.

Cardozo, Trimbur & Nickerson for Defendant and Appellant.

Robert W. Walker, Fredric A. Jacobus, J.H. Cummins and Henry M. Moffat for Respondent.

MEMORANDUM CASES

VAN DYKE, P.J.

The city of Merced appeals from a judgment against it and in favor of respondent, John Passarino, in an action to recover damages suffered by reason of the flooding and consequent destruction of tomato plants. Passarino appeals from a judgment in favor of the Atchison, Topeka and Santa Fe Railway Company, a corporation, the city's codefendant. The case is factually quite similar, save as to the amount of damage suffered, to...

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