California Court of Appeal April 20, 1965, Civ. 21929 (McDonald v. City of Oakland)

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SHOEMAKER, P. J.

This is an appeal by the plaintiffs in a wrongful death action from a judgment entered in favor of defendant City of Oakland, upon the granting of its motion for nonsuit.

The facts are without dispute. Lawrence McDonald, appellants’ decedent, while an employee of J. A.