BETTENCOURT v. STATE (1940)

Supreme Court of California.

Marla Simas BETTENCOURT, Plaintiff and Respondent, v. STATE of California, Defendant and Appellant.

S. F. 16036.

Decided: June 27, 1940

C. C. Carleton, Frank B. Durkee, C. R. Montgomery, and Robert E. Reed, all of Sacramento, for appellant. E. H. Christian and Eugene K. Sturgis, both of Oakland, for respondent.

This is one of several appeals from judgments entered in actions for damages arising out of highway construction work. In each instance the facts are substantially the same, although the extent of the injury varies.

The amount awarded for damage in this particular case was the sum of $3,500. All material legal points here presented are disposed of in a decision this day filed in the case of Rose et al. v. State of California et al., Cal.Sup., 105 P.2d 302. Upon the grounds and for the reasons there given, the judgment herein is affirmed.

CARTER, Justice.

We concur: GIBSON, C. J.; SHENK. J.; CURTIS, J.; EDMONDS, J.

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