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WRIGHT v. ARCADE SCHOOL DIST.

Docket No. 10743.

230 Cal.App.2d 272 (1964)

40 Cal. Rptr. 812

DAVID WRIGHT, a Minor, etc., Plaintiff and Appellant, v. ARCADE SCHOOL DISTRICT et al., Defendants and Respondents.

Court of Appeals of California, Third District.

October 19, 1964.

Attorney(s) appearing for the Case

Eissinger & Evans, Jones, Lamb, Jarboe & Boli and Donald L. Gilmour for Plaintiff and Appellant.

McGregor, Bullen & Erich and Donald McGregor for Defendants and Respondents.

FRIEDMAN, J.

Plaintiff, then a 5-year-old boy, was struck by an automobile while crossing a public street on his way to school. Through his guardian ad litem, he brought this negligence action against the automobile driver and the school district. At the completion of his trial counsel's opening statement, the court granted the school district's motion for nonsuit and plaintiff appeals.

[1] A nonsuit following the plaintiff's opening statement...

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