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  5. 189 Cal.App.2d 626 (1961)
 

VON ROUX v. PERSHING SQUARE GARAGE CORP.

Docket No. 24624.

189 Cal.App.2d 626 (1961)

11 Cal. Rptr. 656

ANNE VON ROUX, Appellant, v. PERSHING SQUARE GARAGE CORPORATION (a Corporation), Respondent.

Court of Appeals of California, Second District, Division Three.

March 2, 1961.

Attorney(s) appearing for the Case

John Joseph Hall for Appellant.

Schell & Delamer, Joseph F. Bender and Henry F. Walker for Respondent.

VALLÉE, J.

Appeal by plaintiff from an adverse judgment entered on a jury verdict in an action for damages for personal injuries.

The assignments of error all have to do with the giving and refusing of instructions. The first is that the court erred in instructing on contributory negligence. Defendant pleaded contributory negligence. [1] While a party is entitled to have his theory of the case as presented by the pleadings and substantially...

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