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JOHNSTON v. COUNTY OF YOLO

Docket No. 11805.

274 Cal.App.2d 46 (1969)

79 Cal. Rptr. 33

EDWIN P. JOHNSTON, Plaintiff and Respondent, v. COUNTY OF YOLO, Defendant and Appellant.

Court of Appeals of California, Third District.

June 16, 1969.

Attorney(s) appearing for the Case

Rust, Hoffman, & Mills, David C. Rust, Ellis J. Horvitz, Rodegerdts, Means & Northup, and Charles R. Mack, County Counsel, for Defendant and Appellant.

J. Adrian Palmquist, William R. Manson and James H. Burke for Plaintiff and Respondent.

FRIEDMAN, J.

The County of Yolo appeals after a jury awarded personal injury damages against it. Plaintiff, Edwin Johnston, age 22, had been a passenger in an automobile driven by Clifford Jutkins. Johnston was injured in the early morning hours of April 4, 1964, when Jutkins failed to negotiate a double curve in County Road 87 and his car toppled into a ditch.

At the trial plaintiff elicited evidence tending to show that the double curve as constructed &...

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