Strafiotis

Strafiotis v. Daniels

Good Law
1928 Cal. App. LEXIS 76·90 Cal. App. 144·265 P. 558
Court of Appeal of CaliforniaMarch 15, 1928Docket No. 6246.California2,072 words

Opinion

Lead Opinion

Parker, J.

This is an action for personal injuries alleged to have been suffered by plaintiff by reason of being struck and knocked down by an automobile driven by defendant. The case was tried by the court sitting with a jury, and a verdict returned in favor of plaintiff, pursuant to which judgment was entered, and thereafter a new trial denied. From the said judgment defendant prosecutes this appeal, bringing here likewise for review the trial court’s order denying her motion for a new trial.

The appeal is based upon the following assignments of error:

On the question of the evidence it becomes necessary to detail to some extent the facts of the case. In this statement we are necessarily taking the case as the record discloses the same and are assuming as true the facts which support the verdict upon the well-recognized principle that appellate courts will not disturb the verdict of a jury where there is a substantial conflict of evidence on material points and when there is substantial evidence to support the verdict.

The accident happened between 11 and 12 P. M. near the corner of Valencia Street and Twentieth Street in the city of San Francisco. The locality named is a business…

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