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OVERSTREET v. COUNTY OF BUTTE

Docket No. Sac. 7368.

57 Cal.2d 504 (1962)

370 P.2d 335

20 Cal. Rptr. 631

CARL L. OVERSTREET, a Minor, etc., et al., Plaintiffs and Appellants, v. THE COUNTY OF BUTTE et al., Defendants and Respondents.

Supreme Court of California. In Bank.

April 4, 1962.

Attorney(s) appearing for the Case

P.M. Barceloux, Burton J. Goldstein, Goldstein, Barceloux & Goldstein and Reginald M. Watt for Plaintiffs and Appellants.

Price & Morony, Grayson Price, Jean Morony and Charles H. Andrews for Defendants and Respondents.

Harold W. Kennedy, County Counsel (Los Angeles), Lloyd S. Davis, Deputy County Counsel, Roger Arnebergh, City Attorney (Los Angeles), and Bourke Jones, Assistant City Attorney, as Amici Curiae on behalf of Defendants and Respondents.

GIBSON, C.J.

Plaintiffs, the widow and children of Robert Overstreet, brought this action for damages for wrongful death against the County of Butte and its employee, Ernest W. Ely. A demurrer by the county was overruled, and it sought a writ of prohibition from the District Court of Appeal. The writ was issued upon the ground that the action was barred by the doctrine of governmental immunity, and it commanded the superior court to dismiss the action. (County...

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