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SMITH v. SHASTA ELECTRIC CO.

Docket No. 9839.

190 Cal.App.2d 728 (1961)

12 Cal. Rptr. 167

C.A. SMITH, Respondent, v. SHASTA ELECTRIC COMPANY (Individual's Fictitious Name) et al., Defendants; WILLIAM COX et al., Appellants.

Court of Appeals of California, Third District.

March 30, 1961.

Attorney(s) appearing for the Case

Barr & Messner and M.H. Messner for Appellants.

Daniel S. Carlton for Respondent.

VAN DYKE, P.J.

This is an appeal by William Cox and Guy Cowart from a judgment rendered against them in an action brought by C.A. Smith to recover damages for the alleged negligent destruction by appellants of Smith's sawmill. The action was tried before a jury. Appellants concede that there was ample evidence to support the charges of negligence, the lack of contributory negligence on the part of Smith and the freedom from neglect on the part of codefendant California...

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