Beecher

Beecher v. Stafford

Good Law
1927 Cal. App. LEXIS 583·83 Cal. App. 408·256 P. 870
Court of Appeal of CaliforniaMay 26, 1927Docket No. 4531.California2,546 words

Opinion

Lead Opinion

Murphey, J.

This is an action for damages for personal injuries suffered by the plaintiff. The verdict of the jury was in favor of the plaintiff against both of the defendants, and following the verdict judgment was rendered against the defendants for a substantial sum of money. The defendant Beed made no appearance at the time of the trial and the judgment against him, except as to the amount, was by default and by direction of the court. The defendant Stafford appeals from the judgment entered against him and bases his attack upon the grounds, first, insufficiency of the evidence to warrant the verdict, and, second, errors of law committed by the trial court. There is no claim that the plaintiff was guilty of negligence in any degree or at all. The circumstances surrounding the transaction are as follows: The plaintiff had parked his car on the roadside on Whittier Boulevard near the outskirts of the town of Whittier; the car was standing about two feet clear of the traveled. highway; plaintiff was standing close to his car and about one and one-half feet from the traveled highway with his back to the east, talking to a friend who was standing at the front and west end of his car. An…

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