[Download] "Bolton V. Martin" by First Appellate District, Division One District Court Of Appeal Of California * Book PDF Kindle ePub Free
eBook details
- Title: Bolton V. Martin
- Author : First Appellate District, Division One District Court Of Appeal Of California
- Release Date : January 23, 1954
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
This action was brought by plaintiff Letty Bolton, and by her husband, Ray Bolton, for damages for the serious injuries received by Mrs. Bolton when hit by an automobile driven by defendant George Soares, who was, at the time, acting in the course and scope of his employment with the other defendants. The pleadings presented the issues of the negligence of Soares and the contributory negligence of Mrs. Bolton. The jury returned a verdict for the defendants. Plaintiffs moved for a new trial on all statutory grounds. The trial court granted the motion by a general order that did not specify the grounds upon which it was granted. The defendants appeal. On this appeal all parties agree that the new trial was granted because the trial court was of the opinion that a particular instruction on last clear chance offered by defendants and given by the trial court was misleading and erroneous. This, and the propriety of giving any instructions at all on the doctrine of last clear chance, are the only points discussed by the parties.