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CHAVEZ v. COUNTY OF MERCED

Docket No. 313.

229 Cal.App.2d 387 (1964)

40 Cal. Rptr. 334

ELIZABETH ANNE CHAVEZ, a Minor, etc., et al., Plaintiffs and Appellants, v. COUNTY OF MERCED, Defendant and Respondent.

Court of Appeals of California, Fifth District.

August 27, 1964.

Attorney(s) appearing for the Case

Kane, Canelo & Mash, A.B. Canelo and Cyril Viadro for Plaintiffs and Appellants.

McCormick, Barstow, Sheppard, Coyle & Best and William B. Boone for Defendant and Respondent.

CONLEY, P.J.

In this action brought by his widow and children for the death of David A. Chavez, the appeal is from a judgment of nonsuit. This being so, we must apply well known rules in considering the record and the briefs of the parties. [1] Therefore, all evidence which favors the plaintiffs, including beneficial presumptions and inferences, must be taken as true. [2] The lower court has no right to grant a nonsuit if there is any substantial...

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