SMITH v. SCRAP DISPOSAL CORP.

Docket No. 18468.

96 Cal.App.3d 525 (1979)

158 Cal. Rptr. 134

RICHARD SMITH, Plaintiff and Appellant, v. SCRAP DISPOSAL CORPORATION, Defendant and Respondent.

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

August 29, 1979.


Attorney(s) appearing for the Case

COUNSEL

Schneidewind & Schiefelbein and Merle N. Schneidewind, for Plaintiff and Appellant.

Stephen R. Mulligan and Diana Myers, for Defendant and Respondent.


OPINION

WIENER, J.

Richard Smith (Smith) sued Scrap Disposal Corporation (Scrap) for negligence. Defendants successfully moved for summary judgment on the grounds that Civil Code section 846 barred recovery.1 For reasons which we will discuss, we have concluded plaintiff did not enter defendant's property to fish and, whether he entered for the purpose of...

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