Knight

Knight v. Gosselin

Good Law
124 Cal. App. 290·1932 Cal. App. LEXIS 784·12 P.2d 454
Court of Appeal of CaliforniaJune 14, 1932Docket No. 4378.California2,554 words

Opinion

Lead Opinion

Thompson, J.

The plaintiffs procured separate judgments in consolidated actions for damages against the defendants, Gosselin, Andrew Poscie and Prank Poscie, as joint tort-feasors, for personal injuries sustained in an automobile casualty. These judgments were rendered pursuant to verdicts which were found by a jury. The causes were dismissed as to other defendants. A new trial was granted to the defendants Andrew and Prank Poscie at their request. The original judgment against the defendant Gosselin became final. In a subsequent trial upon the same pleadings in which they were joined with the defendant Gosselin as joint tort-feasors another jury found a verdict of damages against the defendants Andrew and Prank Poscie for the same ■ amount for which the original judgment was rendered. Judgment against these appellants was rendered accordingly. A subsequent motion for new trial was denied. From this last-mentioned judgment the defendants Andrew and Frank Poscic have appealed.

The appellants operated a garage at Eureka. They were possessed of a new Velie sedan automobile, which they kept at the garage for sale. The defendant Gosselin was a railroad brakeman, who was employed with the…

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