White
White v. Kretz Bros.
Opinion
Lead Opinion
Marks, J.
Respondents recovered judgment in the sum of |20,060 for damages suffered by both of them in an automobile collision which occurred on June 30, 1929, in Imperial County on the Ocean-to-Ocean Highway connecting the cities of Brawley and Los Angeles. Appellants made a motion for new trial which was denied. They have prosecuted this appeal from the judgment entered upon the verdict of the jury.
Appellants urge the following grounds upon which they rely for a reversal of the judgment: First, that the evidence was insufficient to justify the verdict; second, that the damages awarded are excessive; third, that the trial court erred in submitting the case to a jury at the request of respondents and over the objection of appellants.
The evidence offered for the respondents discloses that they were husband and wife, both forty-eight years of age at the time of the trial; that with their daughter, Freda, they were traveling easterly on the Ocean-to-Ocean Highway in a Hupmobile sedan which was being driven by R. E. White at a speed of, about thirty-five miles per hour and upon his right-hand side of the road which traversed rolling ground at the place of the accident. As respondents were…