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Legal Opinion

Frace v. Long Beach City High School District

California Court of Appeal

Decided May 12, 1943No. Civ. 13800PublishedCited by 18 opinions

1Opinion of the Court

SHAW, J. pro tem.

Plaintiff was injured by the explosion of chemicals with which he was attempting to perform an experiment, and in this action seeks to recover damages for the injuries so received. A demurrer to his amended complaint was sustained with leave to amend, he did not amend, and he appeals from the ensuing judgment.

Since plaintiff declined to amend his complaint, we do not consider the possibility that any defects in it could be cured by amendment, but presume that the pleader has stated his case as strongly as it can be stated in his favor. (Royal Ins. Co. v. Mazzei, (1942) 50…

2Cases cited8 opinions

  1. Hale v. Pacific Telephone & Telegraph Co.California Court of Appeal · 1919
  2. Katz v. HelbingCalifornia Supreme Court · 1928
  3. Estrin v. Superior CourtCalifornia Supreme Court · 1939
  4. Feldesman v. McGovernCalifornia Court of Appeal · 1941
  5. Nicolosi v. ClarkCalifornia Supreme Court · 1915

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3Cited by18 opinions

  1. Landeros v. FloodCalifornia Supreme Court · 1976
  2. Cruz Costales v. Estado Libre AsociadoSupreme Court of Puerto Rico · 1963
  3. Reagh v. San Francisco Unified School DistrictCalifornia Court of Appeal · 1953
  4. Karz v. KarlCalifornia Court of Appeal · 1982
  5. Ferroggiaro v. BowlineCalifornia Court of Appeal · 1957

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