Curtis

Curtis v. McAuliffe

Good Law
106 Cal. App. 1·1930 Cal. App. LEXIS 579·288 P. 675
Court of Appeal of CaliforniaMay 21, 1930Docket No. 277.California809 words

Opinion

Lead Opinion

Marks, J.

Respondents in this case are the heirs at law of Stephen D. Curtis, who was killed in an automobile accident in the county of Fresno, California, on the twenty-sixth day of August, 1928. Deceased at the time he met his death was operating his automobile in which T. M. Wells was riding with him. The machine came into collision with one driven by appellant. The case was tried before a jury, and a verdict was rendered in favor of respondents and against appellant in the sum of seven thousand five hundred dollars.

Appellant relies upon two grounds for a reversal of the judgment. First he maintains that prejudicial error resulted from a question asked by counsel for respondents of the witness T. M. Wells and in the argument following it. This question was whether or not Wells had been compensated for the injuries in the accident resulting in Curtis’ death. To this question Wells replied that he had, and during the ensuing argument between counsel for the parties 'the following occurred:

It is contended by appellant that the question asked of the witness as to whether or not he had been compensated for his injuries received in this accident was improper, upon the ground that it tended…

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