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BISCHOFF v. NEWBY'S TIRE SERVICE

Docket No. 17685.

166 Cal.App.2d 563 (1958)

333 P.2d 44

HARRY BISCHOFF, Appellant, v. NEWBY'S TIRE SERVICE (a Partnership) et al., Respondents.

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

December 24, 1958.

Attorney(s) appearing for the Case

Boccardo, Blum, Lull, Niland & Teerlink and Edward J. Niland for Appellant.

Campbell, Custer, Warburton & Britton, Alfred B. Britton, Jr., and W.R. Dunn for Respondents.

WOOD (Fred B.), J.

Plaintiff drove his car to defendants' tire shop, removed one of the wheels and took it and a spare tire into the shop for a tire change. Defendant Fred Lowery removed the old tire and was installing the spare when the head of the hammer he was using flew off and hit plaintiff in the face. Verdict and judgment were for defendants.

[1a] Plaintiff's principal claim upon this appeal is the failure of the trial court to give...

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