Putnam
Putnam v. Pickwick Stages, Northern Division, Inc.
Opinion
Lead Opinion
Landis, J.
This action is one for damages resulting from an automobile accident.
The cause was tried by jury and verdict for $7,500 returned in favor of the plaintiff.
Judgment was thereupon entered in favor of the plaintiff for the damages so assessed by the jury.
The appeals of the defendant are from the judgment and from an order denying a new trial.
Appellant bases its appeals upon the following five grounds:
1. The evidence does not justify the verdict, (a) The proof discloses no negligence on the part of defendant, (b) Defendant was guilty of contributory negligence as a matter of law.
2. The verdict is against law.
3. The court erred in its instructions to the jury.
4. Defendant’s motion for a new trial should have been granted on the ground of newly discovered evidence.
5. The amount of the judgment awarded is excessive.
Briefly stated, plaintiff alleges: “that on August 30, 1925, while she was operating an automobile on Ventura boulevard in Los Angeles county, California, and when slowing down on account of congested traffic when near the intersection of said boulevard and Canyon drive, the defendant, by its agent, so negligently operated one of its auto busses headed in…