Orrick

Orrick v. Hoeptner

Good Law
110 Cal. App. 360·1930 Cal. App. LEXIS 61·294 P. 29
Court of Appeal of CaliforniaDecember 12, 1930Docket No. 6186.California429 words

Opinion

Lead Opinion

Thompson, J.

Plaintiffs, husband and wife, brought this action for personal injuries to the wife, for medical expenses incurred, and property damage, all growing out of the collision of defendant’s and plaintiffs’ automobiles on the twentieth day of December, 1927. The court awarded judgment to plaintiffs in the sum of $960 for the injuries to the wife, medical expenses incurred by her and for damage to their automobile. Prom this judgment defendant appeals.

Appellant’s contentions are 'substantially that there was a misjoinder of parties plaintiff, and that there were two causes of action not separately stated. These same contentions were embodied by him in a demurrer in the lower court, which was overruled.

The case of Farrar v. Whipple, 65 Cal. App. 123 [ 223 Pac. 80 ], is squarely in point and we see no reason which compels us to depart from the rule there announced. In that case the defendants appealed from a judgment entered against them for damages arising out of personal injuries to the plaintiff Josephine Parra and for damages to the automobile of the husband.

On page 126 of the report the court says: “ [I]t is argued ' that an action for damages to personal property of the husband…

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