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PEMBERTON v. INCE BROS. ETC. CONSTR. CO.

Docket No. 19416.

208 Cal.App.2d 167 (1962)

25 Cal. Rptr. 38

PATRICIA F. PEMBERTON et al., Plaintiffs and Appellants, v. INCE BROTHERS PIPELINE CONSTRUCTION COMPANY et al., Defendants and Respondents.

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

October 3, 1962.

Attorney(s) appearing for the Case

Edward J. Niland and Boccardo, Blum, Lull, Niland & Teerlink for Plaintiffs and Appellants.

Campbell, Custer, Warburton & Britton, George A. Strong, John P. Whitney and F.H. Pearson, Jr., for Defendants and Respondents.

SHOEMAKER, J.

The plaintiffs Pemberton, husband and wife, commenced the action below to recover damages for injuries sustained when an automobile occupied by them and one Stephen San Filippo struck a mound of dirt while proceeding along Payne Avenue in the City of San Jose. They have appealed from an adverse judgment entered on a jury verdict, contending that the court erred in refusing and omitting certain instructions, and in admitting and refusing to admit certain...

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