RUBALCABA v. SWEENEY

Docket No. 9440.

168 Cal.App.2d 1 (1959)

335 P.2d 157

ANGELA RUBALCABA, Appellant, v. EDWARD F. SWEENEY, JR., Respondent.

Court of Appeals of California, Third District.

February 13, 1959.


Attorney(s) appearing for the Case

Mannino & Lancaster for Appellant.

McLaughlin & Russell for Respondent.


VAN DYKE, P.J.

This is an appeal from a judgment entered upon a defense verdict in a personal injury action.

Appellant was injured when struck by respondent's automobile on a street in downtown Sacramento. The complaint as amended alleged that at the time of the accident, which occurred at night, appellant was "a pedestrian proceeding in a generally northerly direction across Capitol Avenue." However, at the trial appellant testified that he was not crossing...

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