Grand

Grand v. Kasviner

Good Law
1915 Cal. App. LEXIS 408·28 Cal. App. 530·153 P. 243
Court of Appeal of CaliforniaOctober 6, 1915Civ. No. 1375.California859 words

Opinion

Lead Opinion

Conrey, J.

In this action judgment was obtained against the defendants in a sum allowed as damages for personal injuries suffered by the plaintiff Helen Grand in a collision between a motorcycle on which the plaintiff Helen Grand was riding and a horse and wagon driven by the defendant Pete Kasviner. At the time of the accident the motorcycle was being driven by one V. B. Dortch with whom Mrs. Grand was riding. The defendants Adolph Kasviner and Leon Kasviner appeal from the judgment and from an order denying their motion for a new trial.

Upon sufficient evidence the court found that appellants were the owners of the horse and wagon and that the accident and injuries were caused by the negligence of the driver, Pete Kasviner, and these findings are not now in dispute. The principal attack upon the findings is directed to the finding that appellants had possession of their horse and wagon at the time of the accident, and that the defendant Pete Kasviner was at that time working for them and under their control. The evidence, shows that appellants were engaged in a jobbing business connected with a produce market and that they used the wagon in that business daily, beginning at 9 o’clock in…

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