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RUSSO v. BURCH

Docket No. 21124.

224 Cal.App.2d 403 (1964)

36 Cal. Rptr. 682

MICHELINA RUSSO, Plaintiff and Appellant, v. PAUL BURCH, JR., Defendant and Respondent.

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

January 29, 1964.

Attorney(s) appearing for the Case

D. Ralph Cesari and Andre V. Tolpegin for Plaintiff and Appellant.

Edward A. Friend for Defendant and Respondent.

MOLINARI, J.

Plaintiff appeals from a judgment in favor of defendant in an action for damages for personal injuries. The questions presented are as follows:

(1) Did the trial court commit prejudicial error in failing to instruct as to the duty owed by a landlord to an invitee of the tenant?

(2) Did the trial court commit prejudicial error in instructing the jury that "Walking through an unlighted, unfamiliar area in the dark constitutes negligent conduct...

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