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MERTES v. ATCHISON, T. & S.F. RY. CO.

Docket No. 25840.

206 Cal.App.2d 64 (1962)

23 Cal. Rptr. 320

LEO P. MERTES, Plaintiff and Respondent, v. ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Defendant and Appellant.

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

July 25, 1962.

Attorney(s) appearing for the Case

Parker, Stanbury, McGee, Peckham & Garrett, Robert W. Walker, J.H. Cummins and Raymond G. Stanbury for Defendant and Appellant.

Irving H. Green, Rose, Klein & Marias and Andrew J. Weisz for Plaintiff and Respondent.

FORD, J.

In an action to recover for personal injuries the jury returned a verdict for the defendant. The trial court granted the plaintiff's motion for a new trial on the ground of the insufficiency of the evidence to support the verdict. The appeal is from that order. It is the defendant's contention that there was no evidence sufficient to support a verdict for the plaintiff.

The action arose out of an accident which occurred on October 10, 1957, in the...

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