Meek

Meek v. Southern California Railway Co.

Good Law
1908 Cal. App. LEXIS 317·7 Cal. App. 606·95 P. 166
Court of Appeal of CaliforniaFebruary 25, 1908Civ. No. 346.California647 words

Opinion

Lead Opinion

Allen, J.

Appeal by plaintiff from a judgment of the superior court of Los Angeles county in favor of defendant and from an order denying a new trial.

The action was by a passenger who had been ejected from a train by defendant’s servants without cause and in a violent manner. The complaint stated facts sufficient to entitle plaintiff to general damages, and, in addition, set out certain facts entitling her to special damages. The answer denied the various allegations of the complaint, and by way of further defense pleaded an accord and satisfaction.

The court found in favor of plaintiff upon each of the allegations of the complaint relating to general damages, but against plaintiff on her plea of special damages; and found in favor of defendant upon the plea of accord and satisfaction.

The findings are sufficient to support the judgment. The only specifications of error found in the statement on motion for a new trial are, that “the plaintiff gave and duly served and filed her notice of intention to move for a new trial, upon the grounds that the evidence is insufficient to justify the findings and decision of the court; that the findings and decision of the court are against law.” We…

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