WIXTED v. FLETCHER

Docket No. 25201.

192 Cal.App.2d 706 (1961)

13 Cal. Rptr. 734

PATRICK WIXTED, Appellant, v. ALBERT FLETCHER, Respondent.

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

June 1, 1961.


Attorney(s) appearing for the Case

Garibaldi & Lane, James D. Garibaldi, Warren J. Lane and Abe Mutchnik for Appellant.

Joseph J. Jonesi for Respondent.


LILLIE, J.

On February 5, 1960, plaintiff instituted the present action to recover damages for personal injuries suffered on defendant's premises, assertedly due to the latter's negligence, on February 5, 1959. Defendant demurred to the complaint, claiming the bar of the action by the one-year statute of limitations (Code Civ. Proc., § 340, subd. 3). The demurrer was sustained with leave to amend; plaintiff having declined to amend, the trial court thereafter...

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