Morris

Morris v. Morris

Caution
1927 Cal. App. LEXIS 402·84 Cal. App. 599·258 P. 616
Court of Appeal of CaliforniaJuly 27, 1927Docket No. 5513.California1,451 words

Opinion

Lead Opinion

Cashin, J.

The plaintiff was injured while riding in an automobile operated by defendant Hattie M. Morris, and Robinson A. Morris, who was the husband of the latter, was joined as a defendant in the action.

The complaint contained general allegations of negligence in the operation of the automobile with averments as to the character of the injuries suffered and the damage sustained, these allegations, with the exception of the fact that plaintiff was injured, being denied by the answer.

The action was tried by a jury, which returned a verdict for defendants, and from the judgment entered therein the plaintiff appealed. It is urged as grounds for reversal that certain of the instructions to the jury were prejudicially erroneous.

The plaintiff and Hattie M. Morris, who will hereinafter be referred to as the defendant, were, so far as appears, the only persons who witnessed the accident. The plaintiff was riding in the rear seat of the automobile, which was being driven in a westerly direction on San Marino Street in the city of Los Angeles. It was the intention of the parties to turn at the intersection of San Marino Street with Western Avenue and proceed south along the avenue. The…

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