Legal Opinion

Smith v. County of San Mateo

California Court of Appeal

Decided March 29, 1943No. Civ. 12341PublishedCited by 6 opinions

1Opinion of the CourtNourse, P. J.

Plaintiff has appealed from an adverse judgment in an action for damages for the wrongful death of his minor son.

The death occurred while the minor was a member of a summer camp conducted by the defendant Young Men’s Christian Association (as to said defendant the action was dismissed with prejudice) in a public park maintained by the defendant county of San Mateo. At the time of the accident the child was sleeping in a cabin in the park. A large redwood tree, without any disclosed external cause, fell across the cabin causing the fatal injury. The injury occurred on June 22, 1939. A claim…

2Cases cited3 opinions

  1. Barclay v. BlackintonCalifornia Supreme Court · 1899
  2. Cowgill v. DinwiddieCalifornia Supreme Court · 1893
  3. Bank of Ukiah v. ShoemakeCalifornia Supreme Court · 1885

3Cited by6 opinions

  1. Syah v. JohnsonCalifornia Court of Appeal · 1966
  2. Geneva Towers Ltd. Partnership v. City & County of San FranciscoCalifornia Supreme Court · 2003
  3. Smith v. County of San MateoCalifornia Court of Appeal · 1943
  4. Estate of MooreCalifornia Court of Appeal · 1974
  5. State Department of Public Health v. County of ImperialCalifornia Court of Appeal · 1944

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