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CHICK v. SUPERIOR CT. OF CITY AND CTY. OF SAN FRANCISCO

Docket No. 20799.

209 Cal.App.2d 201 (1962)

25 Cal. Rptr. 725

NELSON HYDE CHICK et al., Petitioners, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; CLAUDE JONES et al., Real Parties in Interest.

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

November 2, 1962.

Attorney(s) appearing for the Case

Russ & Moore and Wilbur J. Russ for Petitioners.

No appearance for Respondent.

Gonick & Schmid, T. Groezinger, Loton Wells, Charles M. McMillan, Henry F. O'Connell and Harry Gonick for Real Parties in Interest.

BRAY, P.J.

Petition for writ of mandate and writ of prohibition.

QUESTION PRESENTED

Does the rule set forth in Witt v. Jackson (1961) 57 Cal.2d 57 [17 Cal.Rptr. 369, 366 P.2d 641], that the contributory negligence of a plaintiff's employer will bar recovery from a third person of workmen's compensation payments made by the...

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