INOUYE v. PACIFIC GAS & ELEC. CO.

Docket No. S.F. 20294.

53 Cal.2d 361 (1959)

348 P.2d 208

1 Cal. Rptr. 848

MARY CHIYEKO INOUYE et al., Plaintiffs and Respondents, v. PACIFIC GAS AND ELECTRIC COMPANY (a Corporation), Appellant; TRUCK INSURANCE EXCHANGE, Intervener and Respondent.

Supreme Court of California. In Bank.

December 31, 1959.


Attorney(s) appearing for the Case

Richard H. Peterson, John J. Briare, Richard A. Raftery, Henry J. LaPlante, Glenn West, Jr., and Campbell, Custer, Warburton & Britton for Appellant.

Eustice & Feeley, W. Gordon Eustice, Schofield & Cunningham and William F. Levins for Respondents.


PETERS, J.

Defendant appeals from a judgment entered in favor of plaintiffs and intervener in the amount of $84,968.38 in an action for wrongful death. The points raised on appeal are that the failure to instruct on assumption of risk constituted reversible error, and that the trial court committed reversible error in giving a certain formula instruction which did not include assumption of risk as one of the issues.

The facts, insofar as they are applicable...

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