Callahan

Callahan v. Harm

Good Law
1929 Cal. App. LEXIS 717·98 Cal. App. 568·277 P. 529
Court of Appeal of CaliforniaApril 29, 1929Docket No. 6599.California3,608 words

Opinion

Lead Opinion

Burroughs, J.

This is an action for personal injuries. The cause was tried with a jury and a verdict returned in favor of the plaintiff and against the defendants F. M. Hodge, John Kwis and H. S. Rose, copartners doing business under the firm name and style of San Joaquin Valley Transportation Company, and against the defendant W. B. Lott in the sum of $4,500. The jury also returned a verdict in favor of the defendant George Plarm. The transportation Company made a motion for a nonsuit, which was denied. It also .made a motion for judgment notwithstanding the verdict, which was denied and judgment was thereupon entered in conformity with the verdict. The Transportation Company appeals from said judgment in so far as it affects them. The plaintiff has appealed from the judgment in favor of the defendant Harm. Both appeals are before the court upon one record and will be considered together. The appellant Transportation Company presents four grounds of alleged prejudicial error which may bo considered together. The first of these is that the evidence fails to disclose any negligence on the part of the defendants, Second, even conceding that there is evidence of negligence, the plaintiff was…

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