Malone

Malone v. Clemow

Good Law
111 Cal. App. 13·1931 Cal. App. LEXIS 1076·295 P. 70
Court of Appeal of CaliforniaJanuary 6, 1931Docket No. 7496.California2,422 words

Opinion

Lead Opinion

Preston, J.

The three above-entitled actions were consolidated and tried together before the court sitting without a jury, and judgment was entered in favor of the plaintiff in each case. The appeal is from these three judgments. All the proceedings are included in one record.

Florence Clemow and Floyd Clemow are husband and wife, and are the defendants in all the cases. The plaintiffs in the first case are the father, and the brothers and sisters, of the defendant Florence Clemow. These plaintiffs (in the first case) sue for damages for the death' of Cora Malone, the wife of one of the plaintiffs, and the mother of the other plaintiffs, and also the mother of the defendant Florence Clemow. In the second action, the plaintiff, Ruby Hutcheson, is a sister of the defendant Florence Clemow, and the other plaintiff, Leo Hutcheson, is the husband of Ruby Hutcheson. In the third and last action, the plaintiff Juanita Hermanee is also a sister of the defendant Florence Clemow.

On the morning of August 16, 1929, the defendant Florence Clemow, together with her two sisters, Ruby Hutcheson and Juanita Hermanee, and her mother, Cora Malone, and three small children, left the town of Burbank, in Los…

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