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CITY OF SANTA MONICA v. ROYAL INDEM. CO.

Docket No. 22411.

157 Cal.App.2d 50 (1958)

320 P.2d 136

CITY OF SANTA MONICA, Appellant, v. ROYAL INDEMNITY COMPANY (a Corporation), Respondent.

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

January 22, 1958.

Attorney(s) appearing for the Case

Robert G. Cockins, City Attorney, Robert D. Ogle, Assistant City Attorney, and James W. Shumar, Deputy City Attorney, for Appellant.

Dryden, Harrington, Horgan & Swartz, Jacob Swartz and Vernon G. Foster for Respondent.

ASHBURN, J.

Plaintiff City of Santa Monica, having been held liable in a personal injury action, sues defendant Royal Indemnity Company to recover the amount it has had to pay out, i.e., $5,130.40 plus expense of defense in the sum of $291.60. The court denied recovery of any sum in excess of $291.60, and plaintiff appeals from the judgment.

The Promenade is a public way within the city of Santa Monica. In January...

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