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MARKLEY v. BEAGLE

Docket No. Sac. 7797.

66 Cal.2d 951 (1967)

429 P.2d 129

59 Cal. Rptr. 809

JOHN MARKLEY, Plaintiff and Respondent, v. CLAUDE A. BEAGLE et al., Defendants, Cross-defendants and Appellants; TRAVER J. SMITH, as Testamentary Trustee, etc., et al., Defendants, Cross-complainants and Appellants.

Supreme Court of California. In Bank.

June 27, 1967.

Attorney(s) appearing for the Case

Rust & Hoffman, David C. Rust, and Ellis J. Horvitz for Defendants, Cross-complainants and Appellants.

McGregor, Bullen & McKone, McGregor, Bullen & Erich and George W. Bullen for Defendants, Cross-defendants and Appellants.

Lancaster & Yorton and Burt Lancaster for Plaintiff and Respondent.

TRAYNOR, C.J.

Plaintiff was injured when a railing along a mezzanine in a warehouse gave way and he fell to the floor below. At the time of the accident he was going to the roof of the building to service a fan of the ventilating system of a restaurant on the ground floor. About ten months before the accident, the owners of the building sold certain equipment to contractors who agreed to remove it from the building in a workmanlike manner. The equipment included bins...

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