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District Court of Appeal, Third District, California.

SANFORD et al. v. GRADY et al.

Civ. 5064.

Decided: November 10, 1934

George R. Freeman, of Willows, for appellants Charles S. and Laura C. Grady. Clark & Heafey, of Oakland, Chenoweth & Leininger, of Redding, and James W. Hughes, of Oakland, for appellants Gertrude and Richard Steger. Jesse E. Nichols and Clifton Hildebrand, both of Oakland, for respondents.

Upon petition for rehearing the opinion of this court, in 36 P.(2d) 652, is modified as follows:

At page 653 of 36 P.(2d), line 6 from the bottom, at the end of the line following the word “therein” insert: “although he had not traveled that road for four years he claimed that he did not remember the exact location of the depression. He said in that regard: ‘I did not know it was so close.”’

At page 654 of 36 P.(2d), line 4 from the bottom, strike out the words “of the presence” and insert in lieu thereof the following: “that he was in the vicinity.”

With these modifications the petition for rehearing is denied.


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