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CANDELARIA v. SCHWARTZ

Docket No. 19679.

122 Cal.App.2d 309 (1953)

264 P.2d 670

MARCOS CANDELARIA, Appellant, v. BERNARD SCHWARTZ, Respondent.

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

December 28, 1953.

Attorney(s) appearing for the Case

Joseph W. Fairfield, Alfred S. Gainsley, and Ethelyn F. Black for Appellant.

Parker, Stanbury, Reese & McGee and A.P.G. Steffes for Respondent.

WOOD (Parker), J.

Plaintiff, who obtained a judgment for damages for personal injuries, appeals from an order granting defendant's motion for a new trial. The motion was granted upon the ground that an erroneous instruction was given.

[1] On March 31, 1951, between 6:30 p.m. and 7 p.m., plaintiff was operating a motorcycle in an easterly direction on First Street in Los Angeles. Defendant, who had...

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