TESCHE v. BEST CONCRETE PRODUCTS, INC.

Docket No. 17628.

160 Cal.App.2d 256 (1958)

325 P.2d 150

ARTHUR TESCHE et al., Respondents, v. BEST CONCRETE PRODUCTS, INC. (a Corporation) et al., Appellants.

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

May 9, 1958.


Attorney(s) appearing for the Case

Woodrow W. Kitchel and D.W. Brobst for Appellants.

Quaresma & Rhodes for Respondents.


WOOD (Fred B.), J.

Plaintiffs were awarded $10,855 for the loss of their 15-year-old son Robert who suffered death in a cement mixing machine at the plant of defendant Best Concrete Products, Inc.

The company and Bernard Blondin, Sr., its employee in charge of the machine at the time of the accident, have appealed. They claim (1) a fatal variance between pleading and proof, (2) insufficiency of the evidence, and (3) giving the jury erroneous instructions....

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