MALKASIAN v. IRWIN

Docket No. S.F. 21675.

61 Cal.2d 738 (1964)

394 P.2d 822

40 Cal. Rptr. 78

SIRANOUSH MALKASIAN, Plaintiff and Respondent, v. RALPH CARLISLE IRWIN, Defendant and Appellant.

Supreme Court of California. In Bank.

August 27, 1964.


Attorney(s) appearing for the Case

McCormick, Barstow, Sheppard, Coyle & Best and William A. Boone for Defendant and Appellant.

James C. Janjigian and Paul Mosesian for Plaintiff and Respondent.

Henry F. Walker as Amicus Curiae.


PETERS, J.

Plaintiff brought this action for the wrongful death of her son. The jury brought in a defense verdict. Plaintiff moved for a new trial. The motion was granted. Defendant appeals, contending that the order granting the new trial cannot be sustained on any of the grounds contained in the motion.

Before directly discussing the new trial proceedings, some reference should be made to the evidence.

The undisputed evidence shows that plaintiff...

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