ELISALDA v. WELCH'S SAND & GRAVEL CO.

Docket No. 8632.

260 Cal.App.2d 46 (1968)

67 Cal. Rptr. 57

FRED F. ELISALDA, Plaintiff and Respondent, v. WELCH'S SAND & GRAVEL CO. et al., Defendants and Appellants.

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

March 12, 1968.


Attorney(s) appearing for the Case

Ives, Kirwan & Dibble and Martin J. Kirwan for Defendants and Appellants.

Gilbert & Tarr, Nathan W. Tarr and John H. Gilbert, Jr., for Plaintiff and Respondent.


McCABE, P.J.

The issue posed on this appeal involves the question of the liability of the defendant-owner of a cement truck for injuries sustained by a plaintiff, not the defendant-owner's employee, when the truck backed over the plaintiff's foot as he was getting off the fender of the truck where he had been riding. Although defendants' contentions on this appeal are numerous, the nub of the appeal concerns the plaintiff...

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