Steinbrun

Steinbrun v. Smith

Good Law
123 Cal. App. 697·1932 Cal. App. LEXIS 963·11 P.2d 868
Court of Appeal of CaliforniaMay 26, 1932Docket No. 8021.California1,141 words

Opinion

Lead Opinion

Robinson, J.

This ease comes to us on appeal from the judgment based on a verdict growing out of the property damages and personal injuries in an automobile accident. The evidence is conflicting on the question of negligence, but we will not review it. The verdict awarded $1500. On motion for a new trial the court reduced it to $1200. Appellant claims there was not a sufficient reduction. He also complains that certain instructions given were erroneous.

We are not able to determine from the order denying the motion for a new trial and reducing the judgment whether the reduction was on account of general or special damages. The reduction was consented to by appellant.

It is conceded that the damage to the automobile was $300, less salvage of $15, which would leave $285. Plaintiff claims damages by a tearing of his suit of clothes, but no specific amount of damage was proven. There was a towing charge of $15.15. There is a claim for $30 for services rendered by a physician, but there is no proof of the reasonableness of the charge nor that it was paid, and the doctor testified that he had rendered no bill and had not entered up any exact charge. Loss of wages for two days was claimed,…

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