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SCHWARTZ v. HELMS BAKERY LIMITED

Docket No. L.A. 29389.

67 Cal.2d 232 (1967)

430 P.2d 68

60 Cal. Rptr. 510

SCOTT SCHWARTZ, a Minor, etc., Plaintiff and Appellant, v. HELMS BAKERY LIMITED et al., Defendants and Respondents.

Supreme Court of California. In Bank.

July 31, 1967.

Attorney(s) appearing for the Case

John F. Dunne, Jr., Michael P. Balaban and Dunne & De Loach for Plaintiff and Appellant.

Morgan, Wenzel, Lynberg, Stearns & Morris, Morgan, Wenzel, Lynberg & Morris, Allen J. Kent, William Marshall Morgan and John P. McNicholas for Defendants and Respondents.

TOBRINER, J.

Plaintiff Scott Schwartz, age four, was struck by an automobile as he crossed a street in the middle of the block to buy a doughnut from defendant Taylor, the driver of a retail truck owned by defendant Helms Bakery Limited. The trial court granted a motion for nonsuit. We reverse. We hold that by undertaking to direct the child to an assigned rendezvous with the truck the defendants assumed a duty to exercise...

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