DARLING v. CATERPILLAR TRACTOR CO.

Docket No. 22778.

171 Cal.App.2d 713 (1959)

341 P.2d 23

CLYDE O. DARLING, Respondent, v. CATERPILLAR TRACTOR COMPANY (a Corporation), Appellant.

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

July 6, 1959.


Attorney(s) appearing for the Case

Chase, Rotchford, Downen & Drukker, Donn B. Downen, Jr., and Louis Lee Abbott for Appellant.

Rose, Klein & Marias, Arthur Sherman and Ernest L. Graves for Respondent.


SHINN, P.J.

In a jury trial, Clyde O. Darling was awarded damages in the amount of $100,000 for personal injuries upon his complaint charging defendant with negligence in the manufacture of a bulldozer. Defendant made a motion for new trial, which was ordered granted unless plaintiff agreed to remit $20,000 and ordered denied if plaintiff filed the remission. Plaintiff filed a remission of the judgment in that amount. Defendant appeals.

Plaintiff was an experienced...

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