Brock

This is an action for damages. Judgment went for plaintiffs, and defendants appeal. Respondents now move to dismiss the appeal or to affirm the judgment.

The grounds of appeal presented in appellants’ brief are, among others, that the evidence was insufficient to justify the verdict rendered, the trial having been by a jury, and that there was proof of contributory negligence requiring a verdict in favor of defendants. The pending motion is based upon section 3, Rule V, of the Rules for the Supreme Court and District Courts of Appeal, which provides for “a dismissal of the appeal or an affirmance of the judgment on the ground that the appeal was taken for delay only or that the questions on which the decision of the cause depends are so- unsubstantial as not to need further argument. ’ ’

Respondents themselves fly in the face of the last few words of this quotation and in effect confess the inapplicability of the rule by the submission, together with the notice of motion, of a brief of 21 closely typewritten pages. In this brief numerous cases are cited and extensive quotations are taken from them. An attempt is made, under appropriate headings, to answer the points, of which…