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BORG v. McDONNELL

Docket No. 18279.

172 Cal.App.2d 260 (1959)

342 P.2d 297

ANTHONY N. BORG, Appellant, v. RICHARD McDONNELL et al., Respondents.

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

July 23, 1959.

Attorney(s) appearing for the Case

Saul N. Ross and Joseph A. Galligan for Appellant.

Pelton, Gunther, Durney & Gudmundson and W.W. Gudmundson for Respondents.

WOOD (Fred B.), J.

Plaintiff, walking along the Bayshore Highway in a northerly direction, was hit by defendant's automobile which was traveling in the same direction. Upon this appeal from an adverse judgment plaintiff assigns prejudicial error in the giving and refusing of instructions. Our examination of the record convinces us that the giving of an instruction on unavoidable accident*

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