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  5. 194 Cal.App.2d 273 (1961)
 

WINNINGAR v. BALES

Docket No. 19459.

194 Cal.App.2d 273 (1961)

14 Cal. Rptr. 908

FREDERIC W. WINNINGAR, Appellant, v. HOMER ELLSWORTH BALES III, Respondent.

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

July 26, 1961.

Attorney(s) appearing for the Case

Richard M. McGowen and Hugh F. Connolly for Appellant.

Popelka, Graham, Hanifin & Bonney for Respondent.

BRAY, P.J.

Plaintiff appeals from a judgment after jury verdict in favor of defendant Homer Ellsworth Bales III.

QUESTIONS PRESENTED

1. Alleged error in instructions: (a) contributory negligence; (b) "mere happening of an accident."

2. Should new trial have been granted because (a) of alleged prejudice of juror Macy; (b) of defendant's alleged statement in the presence of a juror concerning lack of insurance?

EVIDENCE

Plaintiff...

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