Martinelli

Martinelli v. Bond

Good Law
1919 Cal. App. LEXIS 701·42 Cal. App. 213·183 P. 463
Court of Appeal of CaliforniaJuly 14, 1919Civ. No. 2808.California542 words

Opinion

Lead Opinion

Haven, J.

This is an appeal by the defendant Noonan from a judgment against him and his codefendant Bond, entered upon the verdict of the jury in an action for damages for personal injuries. The appeal of the defendant Bond is considered in action No. 2799, ante, p. 209, [ 183 Pac. 461 ], and the judgment as to that appellant is reversed in an opinion this day filed. This appeal is submitted upon the same record and briefs as the appeal of Bond. The facts concerning the accident which caused the injuries to plaintiff are partially stated in the opinion on the other appeal. The appellant Noonan was the driver of the automobile at the time of the collision which caused the injuries. The question of his liability depends upon whether the accident was caused by his negligence or by the negligence of plaintiff. The testimony was conflicting as between plaintiff's and defendants' witnesses, which conflict the jury resolved in favor of the plaintiff. Its verdict cannot be disturbed if it finds support in the evidence. The collision which caused the injuries occurred at or near the junction of San Jose Avenue and Mission Street, in the city of San Francisco. At the point where these two…

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