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SMITH v. CITY OF SAN JOSE

Docket No. 22467.

238 Cal.App.2d 599 (1965)

48 Cal. Rptr. 108

ALICE SMITH, Plaintiff and Appellant, v. CITY OF SAN JOSE, Defendant and Respondent.

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

December 7, 1965.

Attorney(s) appearing for the Case

Robert Burns Bostwick, Jr., and Everett P. Rowe for Plaintiff and Appellant.

Ferdinand P. Palla, City Attorney, Hoge, Fenton, Jones & Appel and Charles H. Brock for Defendant and Respondent.

DEVINE, J.

Summary judgment was granted to respondent, defendant in an action for personal injuries. Appellant was run into from behind by a running seven-year-old girl while she was descending a backstage stairway in the San Jose Municipal Auditorium. The auditorium was owned by the city, but was being used by a light opera association for rehearsal of a play. The association paid no rent. (The association and the girl, Karen Kersey, were made defendants but are...

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