Williamson

Williamson v. Hardy

Good Law
1920 Cal. App. LEXIS 574·47 Cal. App. 377·190 P. 646
Court of Appeal of CaliforniaMay 6, 1920Civ. No. 3312.California824 words

Opinion

Lead Opinion

Richards, J.

This is an appeal from a judgment in favor of the plaintiff for damages arising out of injuries sustained by her through having slipped and fallen upon the floor of the defendant’s meat market in the city of San Diego, her said fall having been occasioned, according to plaintiff’s averments, by the slippery and unsafe condition of said floor.

The case was tried before a jury, and the first contention of the appellant is that during the proceedings for obtaining the jury, and also upon several occasions during the trial of the cause, counsel for plaintiff were guilty of misconduct in seeking to bring before the jury the fact that the action was being defended by a surety company which, though not a party to the action, was the insurer of the defendant against claims for damages. As to the alleged misconduct of counsel for the plaintiff during the process of procuring the jury it is conceded by counsel for the appellant that it is not error to inquire of the jurors if they are stockholders or interested in a certain surety company. [1] It would seem, therefore, that the question which was put to the jurors as a body to the point whether or not they were “the owners of stock in the…

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