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TRAPANI v. HOLZER

Docket No. 17268.

158 Cal.App.2d 1 (1958)

321 P.2d 803

JOSEPH TRAPANI et al., Appellants, v. ERNEST U. HOLZER, Respondent.

Court of Appeals of California, First District, Division Two.

February 25, 1958.

Attorney(s) appearing for the Case

Louis Pasquinelli, Edward J. Niland and Boccardo, Blum, Lull & Niland for Appellants.

Campbell, Custer, Warburton & Britton, Alfred B. Britton, Jr., and W.R. Dunn for Respondent.

KAUFMAN, P.J.

An automobile driven by the defendant Ernest Holzer collided with David Trapani, the almost 7-year-old son of the plaintiffs. David Trapani was killed. His parents, pursuant to Code of Civil Procedure, section 377, brought this wrongful death action, alleging that the defendant negligently struck and killed David who was standing still on the shoulder of the road. The defendant denied that he had been negligent, and alleged that the accident was unavoidable...

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