GAULT v. FREITAS

Docket No. 8574.

133 Cal.App.2d 577 (1955)

284 P.2d 512

JAMES W. GAULT, Respondent, v. ALLAN C. FREITAS et al., Appellants.

Court of Appeals of California, Third District.

June 13, 1955.


Attorney(s) appearing for the Case

Jones, Lane, Weaver & Daley and David Lane for Appellants.

C. Ray Robinson, W.W. Gudmundson and Robert T. McCartney for Respondent.


VAN DYKE, P.J.

This is an appeal from the order granting a new trial in a personal injury action. The grounds of the order were errors in law occurring at the trial and insufficiency of the evidence to sustain the jury's verdict in favor of the defendant. The sole question urged on appeal, however, is that plaintiff-respondent was guilty of contributory negligence as a matter of law. Appellants concede that their appeal is without merit if respondent's conduct was...

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