Santos

Santos v. Scharz

Good Law
1927 Cal. App. LEXIS 245·87 Cal. App. 758·262 P. 764
Court of Appeal of CaliforniaDecember 23, 1927Docket No. 6021.California2,426 words

Opinion

Lead Opinion

Parker, J.

This is an action brought by J. P. Santos and Mary Santos, his wife, for damages alleged to have been sustained by them as the result of an automobile collision.

The case was tried by the court sitting without a jury. Judgment went for plaintiffs, and thereafter the court de nied defendant’s motion for a new trial. Defendant appeals from the judgment.

Errors relied upon by appellant are' embraced in five specifications.

1. The court erred in its order overruling the demurrer of defendant to the complaint of plaintiffs.

The complaint alleges that the automobile of defendant violently struck and injured plaintiff Mary Santos, causing her to be violently thrown to the hard pavement of the ground, rendering her unconscious, and causing her to be bruised and injured about her body, black and blue marks being inflicted upon the hip and left leg and across the hips and lower back, and bruises being inflicted on the head, and so injured her physically that a miscarriage was caused, and as a result thereof “the said unborn child passed from her body and died, and as a result plaintiffs lost said unborn child.”

Defendant, by special demurrer based upon the ground of uncertainty,…

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