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AVEY v. COUNTY OF SANTA CLARA

Docket No. 23769.

257 Cal.App.2d 708 (1968)

65 Cal. Rptr. 181

CHARLES W. AVEY et al., Plaintiffs and Appellants, v. COUNTY OF SANTA CLARA et al., Defendants and Respondents.

Court of Appeals of California, First District, Division One.

January 10, 1968.

Attorney(s) appearing for the Case

B.V. Yturbide and Grant A. Winther for Plaintiffs and Appellants.

Toff, Gordon & Royce and Michael G. Briski for Defendants and Respondents.

ELKINGTON, J.

The appeal in this case is taken from a summary judgment in favor of defendants County of Santa Clara and City of Sunnyvale. The action was brought by plaintiffs to recover damages for the alleged wrongful death of their minor son.

In the proceedings for summary judgment, plaintiffs made the following showing. In the City of Sunnyvale in Santa Clara County, public highways known as El Camino Real and Fremont Avenue were separated by a narrow...

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