Townsend

Townsend v. Keith

Good Law
1917 Cal. App. LEXIS 39·34 Cal. App. 564·168 P. 402
Court of Appeal of CaliforniaSeptember 6, 1917Civ. No. 2142.California670 words

Opinion

Lead Opinion

Lennon, J.

In this action the plaintiff sought and secured a judgment in the sum of two thousand dollars as damages for personal injuries which he sustained while riding a motorcycle which collided with an automobile, driven by the defendant in a direction opposite to that which the plaintiff was driving.

The contention of counsel for the defendant that the evidence neither warranted the verdict nor supports the judgment is founded entirely upon a discussion of the weight of the evidence, and therefore must fail when confronted by a record which shows a substantial conflict in the evidence adduced by the whole case concerning the cause of the collision and the conduct of the parties thereto at the time thereof. The record shows that plaintiff rested his case upon substantial evidence which legally tended to support his cause of action, and therefore defendant’s motion for a nonsuit was properly denied.

■ The trial court did not err when it overruled the objection of the defendant to the question propounded to the plaintiff as a witness, which inquired whether or not he had returned to the hospital a second time under the direction of the physician who was attending him. A consideration of…

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