Hammond
Hammond v. Hazard
Opinion
Lead Opinion
Finlayson, J.
This is an action for personal injuries to the plaintiff Adel Hammond, caused by a collision of the automobile that defendant Hazard was driving—alleged to be the property of the defendant Oronkhite—with the automobile that plaintiff Justin Hammond was driving, and in which his wife, Adel Hammond, was riding with him.
While plaintiffs, in the automobile in which they were riding, were ascending a narrow mountain road between San Diego and El Centro, in Imperial County, on November 5, 1914, the automobile that the defendant Hazard was driving— on the front seat of which Mrs. Cronkhite sat—collided, at a curve in the road, with the automobile in which plaintiffs were riding, breaking Mrs. Hammond’s arm and causing her serious injuries. The trial, which was before a jury, resulted in a verdict in favor of plaintiffs against both defendants. From the judgment and an order denying their motion for new trial defendants appeal.
[1] Notice of the attempted appeal from the order denying defendants’ motion for a new trial having been filed after the amendment of 1915 to section 963 of the Code of Civil Procedure, the appeal attempted to be taken from that order must be dismissed.