Loggie

Loggie v. Interstate Transit Co.

Good Law
108 Cal. App. 165·1930 Cal. App. LEXIS 144·291 P. 618
Court of Appeal of CaliforniaSeptember 10, 1930Docket No. 3864.California1,658 words

Opinion

Lead Opinion

The plaintiff brought this action to recover damages for personal injuries and injuries to his automobile alleged to have been caused by the negligent operation of one of the defendant’s passenger stages. The jury returned a verdict in favor of the defendant for costs and the plaintiff made a motion for a new trial. The court granted the motion, stating that “the main ground of plaintiff’s motion for a new trial is that plaintiff was prevented from having a fair trial on account of irregularities in the proceedings of counsel for defendant in asserting and attempting to prove' in the presence of the jury that the plaintiff carried accident and collision insurance, and the offer made by counsel for defendant to prove that the plaintiff did carry policies of collision and accident insurance on his automobile, and that said policy was paid plaintiff for the damage to his automobile. ... I am of the opinion and am constrained to hold that such conduct on the part of counsel for defendant had a prejudicial effect upon the minds of the jurors and influenced them in the rendition of their verdict. ... I am granting the general motion for a new trial, . . . not on the ground of…

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