BRANDELIUS v. CITY & COUNTY OF S.F.

Docket No. S.F. 19552.

47 Cal.2d 729 (1957)

306 P.2d 432

INGA A. BRANDELIUS et al., Appellants, v. CITY AND COUNTY OF SAN FRANCISCO et al., Respondents.

Supreme Court of California. In Bank.

January 25, 1957.


Attorney(s) appearing for the Case

Hoberg & Finger and Ingemar Hoberg for Appellants.

Dion R. Holm, City Attorney, and Jerome Cohen, Deputy City Attorney, for Respondents.


SPENCE, J.

Plaintiffs appeal from an order granting defendants' motion for a new trial in an action for alleged wrongful death. The order specifies that the new trial was granted "solely" because the court felt that "the jury was not properly instructed." The propriety of the order therefore depends upon a determination of whether the trial court had correctly instructed the jury. The challenged instructions relate to the following subjects: (1) the degree of care...

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