COSTA v. A.S. UPSON CO.

Docket No. 26377.

215 Cal.App.2d 185 (1963)

30 Cal. Rptr. 66

FRANK COSTA et al., Plaintiffs and Appellants, v. A.S. UPSON COMPANY et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Four.

April 17, 1963.


Attorney(s) appearing for the Case

Warner, Sutton & Warner, Norman Warren Alschuler, Caryl Warner and David Hyatt for Plaintiffs and Appellants.

Betts, Ely & Loomis, Betts & Loomis and Albert H. Ebright for Defendants and Respondents.


KINGSLEY, J.

Plaintiffs appeal from a judgment in favor of defendants, entered on a jury verdict in their favor, in an action for wrongful death.

Plaintiffs' son was killed when an automobile driven by him was struck broadside by a heavily loaded truck and semi-trailer unit owned by defendant Upson and operated by defendant Garland. The case was submitted to the jury on instructions (not here attacked) which left to the jury the issues of negligence and contributory...

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