DUNLAVY v. NEAD (1940)

In denying appellant's petition for a hearing by this court in this case, we withhold our approval from that portion of the opinion of the District Court of Appeal, holding to the effect that actual knowledge on the part of defendant's employee of plaintiff's presence was necessary to establish liability of the defendants for plaintiff's injury, as the test is not only whether the defendant engaged in the commission of the negligent act knew of, but also whether he had reason to expect the presence of the person injured within the range of his negligent acts. Hamakawa v. Crescent Wharf, etc., Co., 4 Cal.2d 499, 50 P.2d 803.

PER CURIAM.