Morales
Morales v. L. W. Blinn Lumber Co.
Opinion
Opinion
Edmonds, J.
This action brought by appellant to recover damages for personal injuries has previously been before this court, and a judgment for the defendants entered upon a directed verdict was reversed. ( 139 Cal. App. 53 [ 33 Pac. (2d) 16 ].) The present appeal is from a judgment in favor of the respondents lumber company and Hughes, its employee, after a second trial.
Appellant urges a number of points as grounds for reversal of the judgment, but they are all based upon the that the evidence justifies only one finding concerning the facts of the case. The record, however, shows the to be conflicting, and the finding of the trial court that the respondent Hughes was not negligent in his operation of the lumber company’s truck is amply supported. That a finding to the contrary would also be supported furnishes no ground for a reversal of the judgment.
The accident occurred on the property of Layne & Bowler Company, a part of which had been leased to one Kranzler for the purpose of conducting a junk business. The Blinn Company’s truck driven by Hughes entered the property with a load of lumber for the Layne & Bowler Company. It could not proceed to the point where the lumber was to be…