SCHMITT v. HENDERSON

Docket No. S.F. 22688.

1 Cal.3d 460 (1969)

462 P.2d 30

82 Cal. Rptr. 502

GUSTAV SCHMITT, Plaintiff and Appellant, v. DORIS F. HENDERSON, Defendant and Respondent.

Supreme Court of California. In Bank.

December 23, 1969.


Attorney(s) appearing for the Case

COUNSEL

Robert N. Beechinor for Plaintiff and Appellant.

Morgan & Moscone and Charles O. Morgan, Jr., and George R. Moscone for Defendant and Respondent.


OPINION

MOSK, J.

In this personal injury action plaintiff appeals from a judgment for defendant entered on a jury verdict. We have concluded that the evidence establishes defendant's negligence as a matter of law and is insufficient to support a finding of contributory negligence on the part of plaintiff. The judgment must therefore be reversed.

Plaintiff, a pedestrian, was struck and injured by an automobile driven by defendant...

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