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SMITH v. LOCKHEED PROPULSION CO.

Docket No. 8007.

247 Cal.App.2d 774 (1967)

56 Cal. Rptr. 128

RAYMOND PHIL SMITH et al., Plaintiffs and Appellants, v. LOCKHEED PROPULSION COMPANY, Defendant and Respondent.

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

January 17, 1967.

Attorney(s) appearing for the Case

Irmas & Rutter and William A. Rutter for Plaintiffs and Appellants.

Welsh & Cummins, Louis M. Welsh and W.F. Rylaarsdam for Defendant and Respondent.

TAMURA, J.

Plaintiffs appeal from a judgment of nonsuit in their action to recover damages to their real property allegedly caused by seismic vibrations activated by a static firing rocket motor test conducted by defendant on adjoining lands pursuant to a contract with the United States. The complaint was framed on theories of negligence and strict liability.

In accordance with the well settled rule governing review of a judgment of nonsuit, the evidence will...

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