Sherwin v. Southern Pacific Co.
California Supreme Court
The facts are stated in the opinion of the court. Grant Jackson, Wm. L. Jarrott, and J. S. Jarrott, for Appellant. J. W. McKinley, Frank Karr, R. C. Gortner, Henry T. Gage, W. I. Foley, W. I. Gilbert, and W. W. Webster, for Respondent.
1Opinion of the CourtShaw, J.
The appeal is from an order granting the defendant’s motion for a new trial.
The action was begun by the decedent, B. E. Sherwin, in his lifetime, to recover damages caused by bodily injuries received by him through the negligence of the defendant. There was a trial, resulting in a verdict and judgment in his favor. Proceedings for a new trial were immediately instituted by the defendant, but before the hearing of its motion the plaintiff died and the present plaintiff, his executrix, was substituted as plaintiff. Thereafter the court below granted the motion and ordered a new trial. There was…
2Cases cited4 opinions
- State v. BarringtonSupreme Court of Missouri · 1906
- Fowden v. Pacific Coast Steamship Co.California Supreme Court · 1906
- Pierce v. BirkholmCalifornia Supreme Court · 1896
- Puckhaber v. HenryCalifornia Supreme Court · 1905
3Cited by40 opinions
- Sullivan v. Delta Air Lines, Inc.California Supreme Court · 1997
- Weathers v. Kaiser Foundation HospitalsCalifornia Supreme Court · 1971
- Lindemann v. San Joaquin Cotton Oil Co.California Supreme Court · 1936
- Williams v. BridgesCalifornia Court of Appeal · 1934
- People v. GallowayCalifornia Supreme Court · 1927
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