O'Donnell

O'Donnell v. Excelsior Amusement Co.

Good Law
110 Cal. App. 685·1930 Cal. App. LEXIS 193·294 P. 737
Court of Appeal of CaliforniaDecember 29, 1930Docket No. 7408.California1,945 words

Opinion

Lead Opinion

The respondent, Thomas M. O’Donnell, entered a moving picture theater on Mission Street, near Ocean Avenue, in San Francisco, without purchasing a ticket, and as a result of the altercation which followed was severely injured by the special police officer of the theater, named Murphy. On account of the injuries respondent brought this action for damages against Murphy’s employer, the appellant corporation, and upon trial before a jury was awarded a verdict of $7,500. Judgment was entered accordingly, and following the denial of a motion for a new trial this appeal was taken. The sole ground urged for reversal is that the amount of the verdict is grossly excessive, it being contended that the cause should be remanded for a new trial upon the single issue of damages. (Morris v. Standard Oil Co., 188 Cal. 468 [ 205 Pac. 1073 ].)

The injuries respondent received consisted chiefly of contusions about the face, several loosened teeth, two of which were afterward extracted, and a compound fracture of the jaw. About two weeks after the injuries were inflicted an abscess developed under the covering of the jawbone, causing much pain and necessitating an operation; and about three weeks…

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.