Calley

Smith v. Calley

Good Law
103 Cal. App. 735·1930 Cal. App. LEXIS 925·284 P. 974
Court of Appeal of CaliforniaFebruary 5, 1930Docket No. 97.California761 words

Opinion

Lead Opinion

Marks, J.

Respondent instituted this action in the court below to recover a judgment for damages resulting from a collision between his automobile, driven by himself, and a motor-truck, driven by Blaxazer Galley for the Maricopa Creamery and A. C. Ross, who were its owners. The trial court rendered judgment in favor of respondent, which, according to the findings, was composed of the following items: $528.40, as damages to respondent’s automobile; $51.60, for loss of wages, and $20, expended for medical attendance and nursing.

Appellants complain that there is no evidence to support the finding that the automobile was damaged to the extent of $528.40. The only evidence in the record on this point was given by respondent as follows: “Q. What did you pay for the Dodge car. A. The car cost me $1184.00 complete. Q. Did you buy it new? A. Yes. Q. How long had you had it at the time of the impact? A. Five or six months. Q. What did you do with it after the wreck? A. I sold it for junk. Q. You sold it for junk? A. Yes. Q. What did you get for it? Mr. Emmons: We object to that as incompetent, irrelevant and immaterial. Mr. Cook: To show the value of the car. Mr. Emmons: They have alleged the…

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