Graf

Graf v. Marvin Engh Truck Co.

Good Law
1962 Cal. App. LEXIS 1941·207 Cal. App. 2d 550·24 Cal. Rptr. 511
Court of Appeal of CaliforniaSeptember 7, 1962Civ. 6847California2,098 words

Opinion

Opinion

Griffin, J.

Plaintiff-appellant Glenn P. Graf brought this action for personal injuries occasioned by a three-ear collision against defendants-respondents Marvin L. Engh, individually, and doing business as Marvin Engh Truck Company, and against his driver, Orlo G. Enderson, and Jose F. Navejos.

Mr. Engh died before trial and his widow, Phyllis N. Engh, as administratrix, was substituted in his stead. Defendant Navejos cross-complained against plaintiff Graf and defendants Engh and Enderson. The jury returned a verdict for Navejos against Engh and Enderson for $750. Navejos appealed, but apparently his appeal has been abandoned and it is not here involved. A jury trial resulted in a verdict for plaintiff Graf and against defendants Engh and Enderson for $1,000. A motion for new trial by plaintiff was made on the ground that the evidence was insufficient, in that the damages awarded were inadequate. The motion was denied. Plaintiff appealed on this ground alone.

Material Facts

The three drivers were the only eye-witnesses to the accident. It happened about 6 a. m. on November 24, 1958. There was a heavy fog and it was still dark. All vehicles were eastbound on Cerritos Street, east of Los…

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