Hudgins

Hudgins v. Standard Oil Co. of California

Good Law
136 Cal. App. 44·28 P.2d 433
Court of Appeal of CaliforniaDecember 22, 1933Docket Nos. 4924, 4925, 4943, 4944.California4,372 words

Opinion

Lead Opinion

Plummer, J.

The above-entitled causes being actions for damages resulting from the same automobile collision were tried together before the same jury, are reported in one transcript, and presented to us upon one set of briefs. The jury returned a general verdict in favor of the plaintiff Hudgins, for the sum of $1,000, and in favor of the plaintiff Renison, for the sum of $500. The jury also returned three special verdicts. The court set aside the general verdicts on the alleged ground that the special verdicts or findings of the jury were inconsistent therewith, and entered a judg ment for the defendants. From this judgment the plaintiffs, respectively, appeal.

The general verdict in the Hudgins case is as follows: “We, the jury, find for the plaintiff, and assess his damages in the total sum of $1000.00.”

In the Renison case the verdict was in similar language, save and except that only $500 was allowed as damages. The special verdicts of the jury consisted in answers to three questions: “Question 1: Did the plaintiff, on or about October 19, 1932, execute and deliver to the defendants, or for them in this case, the instrument dated October 19, 1931, a copy of which is set forth in…

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