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BROCATO v. STANDARD OIL CO.

Docket No. 22797.

164 Cal.App.2d 749 (1958)

331 P.2d 111

ANTHONY HOWARD BROCATO, Appellant, v. STANDARD OIL COMPANY OF CALIFORNIA (a Corporation) et al., Respondents.

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

November 3, 1958.

Attorney(s) appearing for the Case

William P. Nutter for Appellant.

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

HERNDON, J.

Plaintiff appeals from a judgment of nonsuit in favor of defendant Standard Oil Company of California rendered in a personal injury action. His counsel concedes that respondent must prevail unless the doctrine of res ipsa loquitur is applicable.

[1] The review of the evidence herein will be governed by the rule stated in Lashley v. Koerber, 26 Cal.2d 83, 84 [156 P.2d 441]: "Under well-established rules we must, in considering...

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