Cuneo v. United Railroads of San Francisco

California Court of Appeal

Cuneo v. United Railroads of San Francisco

210 P. 1118, 59 Cal. App. 794, 1922 Cal. App. LEXIS 147

CourtCalifornia Court of Appeal

DecidedOctober 3, 1922

DocketCiv. No. 4070.

StatusPublished

This text of 210 P. 1118 (Cuneo v. United Railroads of San Francisco) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cuneo v. United Railroads of San Francisco, 210 P. 1118, 59 Cal. App. 794, 1922 Cal. App. LEXIS 147 (Cal. Ct. App. 1922).

Pincite

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

Cite This Page — Counsel Stack

Bluebook (online)

210 P. 1118, 59 Cal. App. 794, 1922 Cal. App. LEXIS 147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cuneo-v-united-railroads-of-san-francisco-calctapp-1922.

Opinion

Related

Cite This Page — Counsel Stack