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CARDEN v. OTTO

Docket No. 42080.

37 Cal.App.3d 887 (1974)

112 Cal. Rptr. 749

ANDREW J. CARDEN, Plaintiff and Respondent, v. ERNEST OTTO, Defendant and Respondent; UNIGAS, INC., Claimant and Appellant.

Court of Appeals of California, Second District, Division Two.

March 13, 1974.

Attorney(s) appearing for the Case

COUNSEL

Herlihy, Herlihy, Jones & Nelson and K.S. Burns for Claimant and Appellant.

Waters, McCluskey & Corcoran and Laurence R. Corcoran for Defendant and Respondent.

Joseph D. Flaum and Al Schallau for Plaintiff and Respondent.

OPINION

COMPTON, J.

Andrew J. Carden (plaintiff) was employed by Unigas, Inc. (employer) as a truck driver. Employer is a supplier of propane gas and plaintiff's duties required him to drive a tank truck to the premises of the employer's customers and transfer the propane gas from the truck to the customer's storage tank. Otto's Ranch (defendant) was one such customer.

On July 12, 1966, plaintiff was operating a truck which...

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