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COUNTY OF ALAMEDA v. SOUTHERN PAC. CO.

Docket No. S.F. 20504.

55 Cal.2d 479 (1961)

360 P.2d 327

11 Cal. Rptr. 751

COUNTY OF ALAMEDA, Respondent, v. SOUTHERN PACIFIC COMPANY (a Corporation), Cross-complainant and Appellant; CALIFORNIA ROCK AND GRAVEL COMPANY (a Corporation), Cross-defendant and Appellant.

Supreme Court of California. In Bank.

March 6, 1961.

Attorney(s) appearing for the Case

Herbert A. Waterman for Cross-complainant and Appellant.

Hardin, Fletcher, Cook & Hayes and Cyril Viadro for Cross-defendant and Appellant.

J. Frank Coakley, District Attorney, Appelbaum, Mitchell & Bennett and Bryant M. Bennett for Respondent.

DOOLING, J.

The county of Alameda (hereinafter called the county) filed a complaint against Southern Pacific Company (hereinafter called Southern Pacific) and California Rock and Gravel Co. (hereinafter called Rock) for indemnity, arising out of the following facts: On October 25, 1932, by resolution the county granted Rock a permit to construct, maintain and operate a spur track across a certain county road from the Southern Pacific tracks to Rock's property. This...

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