JONES v. STATE (1942)

Supreme Court of California.

JONES et al. v. STATE.

S. F. 16038.

Decided: March 04, 1942

C. C. Carleton, Frank B. Durkee, C. R. Montgomery, and Robert E. Reed, all of Sacramento, for appellant. John J. O'Toole, City Atty., and Henry Heidelberg and Albert F. Skelly, Deputy City Attys., all of San Francisco, and Ray L. Chesebro, City Atty., William H. Neal and Leon T. David, Asst. City Attys., and Arthur W. Nordstrom, Deputy City Atty., all of Los Angeles, amici curiae on behalf of appellant. E. H. Christian and Eugene K. Sturgis, both of Oakland, for respondents. Holbrook & Tarr, Leslie R. Tarr, Hill, Morgan & Bledsoe, Stanley S. Burrill, Charles P. McCarthy, Kenneth K. Wright, and Meserve, Mumper & Hughes, all of Los Angeles, amici curiae on behalf of respondents.

This is an appeal by the defendant from a judgment for plaintiffs in an action for damages sustained as the result of the construction of a subway in the street fronting plaintiffs' property. The facts are substantially the same as those presented in several similar cases this day decided, the amount of the award in the instant case being $6,000. All material legal questions here presented have been determined in our decision filed this day in the case of Rose et al. v. State of California et al., 123 P.2d 505. Upon the authority of and for the reasons set forth therein, the judgment appealed from is hereby affirmed.

CARTER, Justice.

SHENK, CURTIS, and HOUSER, JJ., concur.

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