MYERS v. SOUTHERN PAC (1936)

Supreme Court of California.

MYERS, Appellant, v. SOUTHERN PAC. Co., Respondent.

Civ. 5488(3).

Decided: July 23, 1936

Clifton Hildebrand, of San Francisco, James E. Martin and Louis E. Goodman, both of Los Angeles, and Louis H. Brownstone, of San Francisco, for appellant. Devlin & Devlin & Diepenbrock, of Sacramento, for respondent.

Appellant's petition to have the above-entitled cause heard and determined by this court, after judgment in the District Court of Appeal of the Third Appellate District, is denied. However, we withhold our approval of that portion of the opinion which holds the defendant railroad company was not liable to the plaintiff for the reason that the ladder in question was maintained by a third party, the Pacific Fruit Express Company.

PER CURIAM.

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