Irwin

Irwin v. Pickwick Stages System, Inc.

Good Law
115 Cal. App. 372·1931 Cal. App. LEXIS 609·1 P.2d 1030
Court of Appeal of CaliforniaJuly 7, 1931Docket No. 7819.California428 words

Opinion

Lead Opinion

Archbald, J.

Motion by respondent for an order dismissing the appeal on the ground that appellants have failed to comply with the provisions of section 953c of the Code of Civil Procedure and rule VIII of the Rules of the Supreme Court and District Courts of Appeal.

Appellants’ opening brief, the only one on file, sets out three points of alleged error. Point I is that the verdict is contrary to the evidence, point II the giving of certain instructions by the court relative to the ownership of the bus in question and agency between its driver and Pickwick Greyhound Lines of California (not a party to the action), and point III the giving of an instruction involving the doctrine of res ipsa loquitur.

Respondent in his motion to dismiss contends that as to point I appellants have failed to refer parenthetically to the line and page of the typewritten record; that only a small part of the evidence has been printed, and only that favorable to appellant, and that the testimony so printed is insufficient to justify a reversal. As to point II the contention is that all the evidence is not printed nor is any reference made to any documentary evidence which would support the instructions so attached;…

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