DI MARE v. CRESCI

Docket No. S.F. 20943.

58 Cal.2d 292 (1962)

373 P.2d 860

23 Cal. Rptr. 772

JOSEPH DI MARE et al., Plaintiffs and Respondents, v. ROSINA CRESCI, Defendant and Appellant.

Supreme Court of California. In Bank.

August 2, 1962.


Attorney(s) appearing for the Case

Healy & Robinson, John J. Healy and Robert K. Barber for Defendant and Appellant.

Lewis & Stein and Marvin E. Lewis for Plaintiffs and Respondents.


GIBSON, C.J.

A jury returned a verdict of $100,000 in favor of June Di Mare (hereinafter referred to as plaintiff) and for $1,000 in favor of her husband, Joseph Di Mare. Defendant has appealed from the ensuing judgment.

The Di Mares occupied an apartment on the third floor of defendant's building. An outside wooden stairway used by them and other tenants led from the ground to the various floors of the building, and a garbage chute was located on a landing...

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