Chalmers

Chalmers v. Hawkins

Good Law
1926 Cal. App. LEXIS 356·78 Cal. App. 733·248 P. 727
Court of Appeal of CaliforniaJuly 20, 1926Docket No. 5312.California3,208 words

Opinion

Lead Opinion

Cashin, J.

An action to recover damages for personal injuries sustained by Ora 6. Chalmers in which her husband, James E. Chalmers, has joined as a party plaintiff. The jury returned a verdict for plaintiffs, upon which judgment was entered, and defendants moved for a new trial, which was denied. An appeal from the judgment was taken by the latter and is presented on the judgment-roll with a bill of exceptions.

Defendants urge as grounds for reversal an alleged insufficiency of the evidence to sustain the verdict, errors in the admission and in the denial of motions to strike out portions of the testimony, together with the giving and refusal of certain instructions.

The evidence shows that Mrs. Chalmers (who will be hereinafter referred to as the plaintiff) on the evening of September 4, 1920, became a passenger on a motor-bus running from Long Beach to Whittier, her destination being the town of Hynes, near which she resided. The point nearest to her destination on the route followed by the bus was the intersection of two highways known as Artesia and Ocean Avenues, approximately one-half mile south of Hynes, to which the latter avenue leads. The bus proceeded north on Ocean Avenue,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.