gno.law

Cuneo v. United Railroads of San Francisco

California Court of Appeal · Civ. No. 4070. · 1922-10-03 · Published · 210 P. 1118 · 59 Cal. App. 794 · 1922 Cal. App. LEXIS 147

ANTONE CUNEO Et Al., Respondents, v. UNITED RAILROADS OF SAN FRANCISCO (A Corporation), Appellant

Proceeding
appeal from a judgment
Trial court
Superior Court of San Mateo County
Trial judge
K. Knight
Outcome
affirmed — Presiding. Affirmed.
Area
civil
Panel
The Court. &#8212 (author)

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion

THE COURT.

This appeal is by the defendant from a judgment in the plaintiff’s favor for the sum of one thousand dollars damages for the destruction of an automobile truck through a collision with an interurban car.

This case is as to the facts of said collision identical with the case of Noce v. United Railroads, 53 Cal. App. 512 [200 Pac. 819], except that said cause was tried before a jury, while the present action was tried by the court without a jury. The former case was reversed for an erroneous instruction to the jury, hut as to the question of the negligence of the defendant and the absence of contributory negligence as a matter of law the decision in that case was in favor of the plaintiffs. The reasoning and conclusions of this court as to these questions are applicable to the case *795 at bar, and a petition for rehearing in that case having been denied by the supreme court, we deem it conclusive of the instant case. For the reasons therein stated the judgment herein is affirmed.

A petition to have the cause heard in the supreme court, after judgment in the district court of appeal, was denied by the supreme court on December 1, 1922.

All the Justices present concurred.

Cites, in this corpus