ENGLAND v. MAPES PRODUCE CO.

Docket No. 21967.

238 Cal.App.2d 120 (1965)

47 Cal. Rptr. 506

EARLENE ENGLAND, a Minor, etc., et al., Plaintiffs and Appellants, v. MAPES PRODUCE COMPANY, Defendant and Respondent.

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

November 15, 1965.


Attorney(s) appearing for the Case

Hagar, Crosby & Rosson, Edwin A. Heafey, Jr., and Richard G. Logan for Plaintiffs and Appellants.

Carroll, Davis, Burdick & McDonough, J.D. Burdick and Gerald P. Martin, Jr., for Defendant and Respondent.


AGEE, J.

A stolen pickup truck in which the owner had left the ignition key was so negligently driven by the thief that it collided with the auto of plaintiffs, severely injuring them. In this resulting personal injury action, judgment was entered in favor of the truck owner, defendant Mapes Produce Company, and plaintiffs appeal therefrom.

The crucial issue presented to the trial court for its determination and the only one actually in dispute at the...

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