SALINAS v. KAHN

No. 2 CA-CIV 43.

2 Ariz. App. 348 (1965)

409 P.2d 64

Pete SALINAS and Allan Arthur Transportation, Inc., a corporation, Appellants, v. Esther R. KAHN, as surviving widow of Manuel S. Kahn, deceased, Allied Van Lines, Inc., a corporation, York Moving and Storage Co., a corporation, Sandra Branam, as personal representative of the Estate of Robert W. Branam, deceased, Sandra Branam, et al., and Nancy Hilligoss, aka Nancy Kahn, individually and as next best friend of Pamela Hilligoss, et al., Appellees.

Court of Appeals of Arizona.

Rehearing Denied January 25, 1966.

Review Denied February 16, 1966.


Attorney(s) appearing for the Case

Snell & Wilmer, by Roger W. Perry, Phoenix, for appellants.

Lesher, Scruggs, Rucker, Kimble & Lindamood, by D. Thompson Slutes, Tucson, for appellee Esther R. Kahn.

Hirsch, Van Slyke, Richter & Ollason, by Clague A. Van Slyke, Tucson, for appellee Nancy Hilligoss.

Chandler, Tullar, Udall & Richmond, by Thomas Chandler, Tucson, for appellees Allied Van Lines and Sandra Branam.


MOLLOY, Judge.

Vigorous motions for rehearing have called this court's attention to the fact that one of the "pellets" resulting in a reversal of this case did not find its mark of establishing reversible error.

A rereading of the record establishes that no proper objection was made by the appellants to the giving of the instruction informing the jury that "* * * where the accident caused is of the kind the Statute was intended to prevent, * *" then the accident...

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