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YOUNG v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASS'N

Docket No. 17417.

95 Cal.App.2d 725 (1950)

214 P.2d 106

CHERYL MELINDA YOUNG, a Minor, etc., Appellant, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (a National Banking Association), Respondent.

Court of Appeals of California, Second District, Division Two.

January 26, 1950.

Attorney(s) appearing for the Case

Meserve, Mumper & Hughes for Appellant.

Sidney A. Moss and Henry F. Walker for Respondent.

WILSON, J.

[1] The judgment of nonsuit from which plaintiff has appealed must be reversed since thereby the trial court has deprived plaintiff of her undeniable constitutional right to have the jury which was empaneled to hear the case determine the credibility of the witnesses and draw such presumptions and inferences as were justified by the evidence. In granting the nonsuit the court has appropriated the functions of the jury and, as shown by the court...

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