GOMES v. BYRNE

Docket No. Sac. 6919.

51 Cal.2d 418 (1959)

333 P.2d 754

ALFRED W. GOMES, Appellant, v. SELMA F.E. BYRNE, Respondent.

Supreme Court of California. In Bank.

January 9, 1959.


Attorney(s) appearing for the Case

P.M. Barceloux, Burton J. Goldstein, Goldstein, Barceloux & Goldstein, James William Morgan and Jordan M. Peckham for Appellant.

Albert M. King, Harry Dierup and Dorothy D. McKalson for Respondent.


SPENCE, J.

Plaintiff sought damages under the so-called Dog Bite Statute (Civ. Code, § 3342) for injuries inflicted by defendant's dog. Following a trial without a jury, judgment was entered for defendant. Plaintiff appeals from said judgment and from the order denying his motion for a new trial. The latter order is not appealable and therefore the purported appeal therefrom must be dismissed. (Code Civ. Proc., § 963.)

Defendant is a practical nurse...

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