CITY OF PHOENIX v. WHITING

No. 1 CA-CIV 645.

10 Ariz. App. 189 (1969)

457 P.2d 729

CITY OF PHOENIX, a municipal corporation, Appellant, v. Elmer S. WHITING, David K. Whiting and Stephen K. Whiting; Salt River Project Agricultural Improvement and Power District, an agricultural improvement and power district under the laws of the State of Arizona, Appellees.

Court of Appeals of Arizona, Division 1, Department A.

Rehearing Denied September 17, 1969.

Review denied October 14, 1969.


Attorney(s) appearing for the Case

Robert J. Backstein, City Atty., by Edward P. Reeder, Asst. City Atty., for appellant.

Charles M. Brewer, John J. Dickinson, Herbert Mallamo, Phoenix, for Elmer S., David K. and Stephen K. Whiting.

Jennings, Strouss, Salmon & Trask, by Rex H. Moore, William R. Jones, Jr., Phoenix, for Salt River Project Agricultural Imp. & Power Dist.


STEVENS, Judge.

After a jury trial and verdict, a judgment was entered in favor of the appellees in the sum of $100,000. The claim arose out of the death of Delores Whiting on 14 August, 1963. At the time of her death she was approximately 29 years of age, her husband Elmer S. Whiting was approximately 33 years of age and the children Stephen and David were 8 and 2 years of age respectively. At the time of Mrs. Whiting's death, the Whitings had been married for approximately...

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