SCHMIDT v. GIBBONS

1 CA-CIV 291.

3 Ariz. App. 147 (1966)

412 P.2d 716

Florence SCHMIDT, surviving spouse of Frank J. Schmidt, deceased, individually, and for and on Behalf of Gail Schmidt, surviving daughter of Frank J. Schmidt, deceased, Appellant, v. J.L. GIBBONS and Frances Gibbons, his wife, dba Arizona Cement Transportation Company, and William D. Eisele and Irene Eisele, his wife, Appellees.

Court of Appeals of Arizona.

Rehearing Denied June 16, 1966.

Review Granted July 12, 1966.


Attorney(s) appearing for the Case

Belli, Ashe, Gerry & Ellison, by Robert L. Lieff, San Francisco, Cal., for appellant.

Fennemore, Craig, Allen & McClennen, by Calvin H. Udall, Phoenix, for appellees.


MOLLOY, Judge.

This is an appeal from judgment entered upon a jury verdict favoring the defendants in a wrongful death action arising out of an automobile driven by the decedent colliding with the rear end of a parked truck. The facts of the controversy are of limited importance since the only issues raised on appeal relate to the giving, over objection, of instructions on contributory negligence, and questions relating to the admissibility in evidence of opinion...

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