Dowd

Dowd v. Superior Court

Good Law
1924 Cal. App. LEXIS 162·69 Cal. App. 4·230 P. 961
Court of Appeal of CaliforniaSeptember 26, 1924Civ. No. 4979.California1,177 words

Opinion

Lead Opinion

Knight, J.

Petition for a writ of certiorari to review and annul an order made on June 2, 1924, by the superior court of the city and county of San Francisco, department 13, granting a motion to correct a transcript on appeal, which had theretofore been certified to as correct by the trial court. The following are the facts:

The petitioners herein, on May 8, 1919, filed separate actions in said superior court against the Atlas Taxicab & Auto Service Co. et al. to recover damages for personal injuries sustained by them through the alleged negligent acts of the defendants. By stipulation said actions were tried together, and verdicts were rendered in favor of the defendants. Upon appeal both judgments were reversed, upon the ground principally that the jury had been erroneously instructed on the question of contributory negligence. (Dowd v. Atlas Taxicab & Auto Service Co. et al., 187 Cal. 523 [ 202 Pac. 870 ].) Upon the second trial verdicts were again rendered in favor of the defendants. Plaintiffs again appealed and filed the usual notice pursuant to the provisions of section 953a of the Code of Civil Procedure requesting a transcript “of the testimony offered or taken, evidence offered or…

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