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POTTER v. CITY OF OCEANSIDE

Docket No. 22311.

114 Cal.App.3d 564 (1981)

170 Cal. Rptr. 753

LANDIS POTTER, Plaintiff and Appellant, v. CITY OF OCEANSIDE, Defendant and Respondent.

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

January 12, 1981.

Attorney(s) appearing for the Case

COUNSEL

Thistle, Krinsky, Idler & Lambert and Dwight W. Moore for Plaintiff and Appellant.

Daley & Heft and Robert R. Heft for Defendant and Respondent.

OPINION

BROWN (Gerald), P.J.

Landis Potter appeals a judgment dismissing his complaint for negligence against the City of Oceanside.

Potter's complaint alleges: Potter was operating a trenching machine which broke a natural gas line, causing gas to escape. Potter summoned help and employees of the city's fire department arrived. The fire captain negligently told Potter to start the trenching machine and move it from the area...

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