McMILLAN v. WESTERN PAC. R.R. CO.

Docket No. Sac. 7232.

54 Cal.2d 841 (1960)

357 P.2d 449

9 Cal. Rptr. 381

ROBERT BRUCE McMILLAN, Appellant, v. THE WESTERN PACIFIC RAILROAD COMPANY (a Corporation), Respondent.

Supreme Court of California. In Bank.

December 2, 1960.


Attorney(s) appearing for the Case

McCarthy & Crow, Patrick McCarthy, Richard E. Crow and Robert P. Brorby for Appellant.

Johnson, Davies & Greve and Claire H. Greve for Respondent.


McCOMB, J.

From a judgment in favor of defendant predicated upon the sustaining, without leave to amend, of a demurrer to plaintiff's first amended complaint in an action to recover damages for injuries resulting from the alleged negligence of defendant, plaintiff appeals.

The amended complaint alleged that while plaintiff was employed by defendant as a train dispatcher, defendant "negligently and carelessly required" him "to be subjected ... to working conditions...

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