FITZGERALD v. FISHBURN

Docket No. 20553.

219 Cal.App.2d 152 (1963)

33 Cal. Rptr. 148

PAUL M. FITZGERALD, a Minor, etc., et al., Plaintiffs and Respondents, v. ORVILLE O. FISHBURN, Defendant and Appellant.

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

August 9, 1963.


Attorney(s) appearing for the Case

Ricksen, Snook & Vendt, Carl R. Vendt, Richard G. Logan and Rupert H. Ricksen for Defendant and Appellant.

Francis T. Cornish and J. Adrian Palmquist for Plaintiffs and Respondents.


DRAPER, P.J.

Plaintiff minor and his father sought damages for injuries suffered by the son in the collision of his bicycle and defendant's pickup truck. Verdict was for defendant. Plaintiffs' motion for new trial was granted on the ground of newly discovered evidence (Code Civ. Proc., § 657, subd. 4). Defendant appeals.

The accident occurred between 6:45 and 7 p.m., October 15, 1959, at an unlighted intersection. There was sharply conflicting testimony...

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