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FULTZ v. GRIFFIN

Docket No. 19004.

197 Cal.App.2d 397 (1961)

17 Cal. Rptr. 385

WALTER MILTON FULTZ, Plaintiff and Appellant, v. THOMAS FRANCIS GRIFFIN, Defendant and Respondent.

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

November 28, 1961.

Attorney(s) appearing for the Case

Thomas H. Matimore for Plaintiff and Appellant.

Bledsoe, Smith, Cathcart, Johnson & Phelps and Robert A. Seligson for Defendant and Respondent.

AGEE, J.

Plaintiff appeals from an adverse judgment entered upon a jury verdict in an auto-pedestrian action. The accident happened on Bayshore Highway, near Sunnyvale, on December 7, 1956, about 6:25 a.m. Defendant was alone in his automobile and was due at work in San Jose at 7 a.m. It was dark at the time and defendant's headlights were lighted. He did not see plaintiff before the latter was struck by either the...

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