Corcoran
Corcoran v. Pacific Auto Stages, Inc.
Opinion
Lead Opinion
Sturtevant, J.
This is an action for personal injuries. Judgment went for the plaintiff and the defendants have appealed.
On the evening of the sixteenth day of March, 1930, the plaintiff was knocked down and suffered the injuries complained of when he was a few feet from the westerly side of the highway leading from San Mateo to San Francisco. The accident occurred in the city of San Mateo approximately ninety feet south of the southerly line of Sixteenth Avenue where the street abuts on the highway.
The appellant contends that the trial court erred in permitting the cause to be tried by a jury over the objection of the defendants’ counsel, plaintiff having waived trial by jury by failing to deposit with the clerk, within ten days prior to the date set for trial, a sum equal to the amount of one day’s jury fees. It will suffice to state that none of the facts supporting that contention appear on the record before us. True it is that the objection was made in the trial court, but the objection was not supported by an affidavit, the records of the trial court, or otherwise.
The defendants next assert that the verdict is contrary to law inasmuch as no proof was presented at the trial of any act…