Legal Opinion

Smith v. County of San Mateo

California Court of Appeal

Decided December 28, 1943No. Civ. 12565PublishedCited by 11 opinions

1Opinion of the CourtSpence, J.

Plaintiff sued defendants to recover damages for the death of his minor son. The action was later dismissed as to defendants other than the county of San Mateo. The cause was tried by the court sitting without a jury. The trial court made findings upon all issues. The findings were in favor of plaintiff upon practically all issues but the trial court found and concluded that plaintiff’s action was barred by the provisions of section 4078 of the political code. Plaintiff appealed from the judgment entered upon those findings of fact and conclusions of law and said judgment was reversed on…

2Cases cited4 opinions

  1. Dineen v. City & County of San FranciscoCalifornia Court of Appeal · 1940
  2. Miller v. City of DetroitMichigan Supreme Court · 1909
  3. Edwards v. City of San DiegoCalifornia Court of Appeal · 1932
  4. Smith v. County of San MateoCalifornia Court of Appeal · 1943

3Cited by11 opinions

  1. Hawk v. City of Newport BeachCalifornia Supreme Court · 1956
  2. Bady v. DetwilerCalifornia Court of Appeal · 1954
  3. Meddock v. County of Yolo CA3California Court of Appeal · 2013
  4. Briggs v. State of CaliforniaCalifornia Court of Appeal · 1971
  5. Teilhet v. County of Santa ClaraCalifornia Court of Appeal · 1957

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