Dieterle

Dieterle v. Yellow Cab Co.

Good Law
1939 Cal. App. LEXIS 85·34 Cal. App. 2d 97·93 P.2d 171
Court of Appeal of CaliforniaAugust 11, 1939Civ. 12219California1,616 words

Opinion

Opinion

In the evening of December 9, 1937, plaintiffs were passengers in a taxicab driven by defendant Nave and owned by defendant corporation, which collided with a Plymouth automobile driven by defendant La Force. They seek to recover damages for injuries received in the collision. Defendant Agnes Whelan was made a defendant under allegations that she was the owner of the Plymouth ear. When both sides rested the trial court granted a motion for a directed verdict as to defendant Nave and the taxicab company. The jury returned verdicts in favor of defendant Whelan and against defendant La Force in the sums of $13,922.67 for plaintiff William Dieterle, $13,875.86 for plaintiff Charlotte Dieterle, $1556.17 for plaintiff Hagenbruch and $570 for plaintiff Zeisler. Plaintiffs have appealed from the judgments in favor of defendants Whelan, Nave and the taxicab company. The briefs contain no arguments as to the appeal from the judgment in favor of defendant Whelan and therefore it will not be discussed herein.

The power of the trial court to direct a verdict is limited and has been well defined. It may direct a verdict only when, disregarding conflicting evidence and giving plaintiffs’…

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