Bellinger

Bellinger v. Hughes

Good Law
1916 Cal. App. LEXIS 425·31 Cal. App. 464·160 P. 838
Court of Appeal of CaliforniaSeptember 18, 1916Civ. No. 2007.California1,755 words

Opinion

Lead Opinion

Shaw, J.

Action to recover damages for personal injuries. Judgment was rendered for plaintiff, from which, and an order denying defendant’s motion for a new trial, he prosecutes this appeal.

The injury, damages for which are sought, was the result of a collision between an automobile operated by defendant Hughes and plaintiff while she was crossing from the north side of Colorado Street, in Pasadena, to the south side there of, at a point along the east line of Los Robles Avenue which at right angles intersects Colorado Street. The record here presented is not only meager, but to a large extent unintelligible, by reason of the fact that a map or plat, not brought up in the record, was used by witnesses, who pointed out thereon positions and places knowledge of which is necessary to a proper understanding of- the relation of the parties to the location where the injury occurred. But to the court this evidence, without the map, is meaningless.

Numerous errors are assigned, only one of which, however, we deem necessary to consider, as upon this we are of the opinion that the judgment and order must be reversed. This error consists in giving to the jury, without qualification thereof, an…

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