WHINERY v. SOUTHERN PAC. CO.

Docket No. 25686.

6 Cal.App.3d 126 (1970)

85 Cal. Rptr. 649

ROSALEE WHINERY et al., Plaintiffs and Appellants, v. SOUTHERN PACIFIC COMPANY, Defendant and Respondent.

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

March 31, 1970.


Attorney(s) appearing for the Case

COUNSEL

Bostwick & Rowe and Everett P. Rowe for Plaintiffs and Appellants.

Hoge, Fenton, Jones & Appel, Edwin D. Jones, Jr., and Charles H. Brock for Defendant and Respondent.


OPINION

ELKINGTON, J.

Plaintiffs, the widow and three children of Albert Whinery, deceased, have appealed from a judgment based on a jury verdict, and from an order denying a motion for judgment notwithstanding the verdict, in an action brought by them against defendant Southern Pacific Company for damages for the wrongful death of the deceased.

The material facts are conceded. Deceased was a passenger in his employer's truck...

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