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CITY OF LOS ANGELES v. McNEIL

Docket No. 9482.

160 Cal.App.2d Supp. 867 (1958)

326 P.2d 29

CITY OF LOS ANGELES et al., Appellants, v. J. KENERSON McNEIL as Administrator, etc., et al., Respondents.

Court of Appeals of California, Appellate Department, Superior Court, Los Angeles.

May 15, 1958.

Attorney(s) appearing for the Case

Roger Arnebergh, City Attorney (Los Angeles), Gilmore Tillman, Chief Assistant City Attorney for Water and Power, Desmond J. Bourke and Stephen R. Powers, Jr., Deputy City Attorneys, for Appellants.

Spencer & Harris for Respondents.

DAVID, J.

Decedent Thomas A. McNeil was killed when his plane crashed into a portion of the plaintiff city's electrical system. Appellant city presented its claim for damages to its system to defendant J. Kenerson McNeil, as administrator of decedent's estate as required by Probate Code, section 707. The claim was rejected but suit was not filed thereon within the three months' period prescribed in Probate Code, section 714, for claims "then due." Judgment followed...

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