CLAPP v. HESTER

Docket No. 18256.

169 Cal.App.2d 558 (1959)

337 P.2d 525

OLIVE CLAPP et al., Respondents, v. MICHAEL HESTER, as Administrator, etc., Appellant.

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

April 13, 1959.


Attorney(s) appearing for the Case

Ricksen, Freeman, Hogan & Vendt, Carl R. Vendt, Haley, McInerney & Logan and Richard G. Logan for Appellant.

J. Adrian Palmquist and Francis T. Cornish for Respondents.


WOOD (Fred B.), J.

Eugene Fredericks met death in an automobile accident. The car belonged to and was driven by Thomas Hester, who also died as a result of the accident.

Fredericks' mother sued Hester's administrator for the death of her son. Fredericks' administratrix sought recovery of funeral and burial expenses. In support of his appeal from an adverse judgment the defendant assigns but a single error: An instruction to the jury that Fredericks was a passenger...

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