Legal Opinion
Birch v. Mahaney
California Court of Appeal
Decided December 8, 1955No. Civ. 16218PublishedCited by 8 opinions
1Opinion of the CourtPeters, P. J.
Plaintiff brought this action against the owners and operators of a restaurant, claiming to have been injured therein by reason of the negligence of a waitress. Defendants denied the major allegations of the complaint, and pleaded contributory negligence as an affirmative defense. The cause proceeded to trial before a jury. The jury brought in a verdict for the plaintiff in the sum of $5,000. The defendants moved for a new trial on practically all of the statutory grounds. The trial court granted the motion “upon the insufficiency of the evidence to support the verdict.” Plaintiff appeals.
Wher…
2Cases cited13 opinions
- Green v. SouleCalifornia Supreme Court · 1904
- Brooks v. Metropolitan Life InsuranceCalifornia Supreme Court · 1945
- Mazzotta v. Los Angeles Railway Corp.California Supreme Court · 1944
- Decou v. HowellCalifornia Supreme Court · 1923
- Ballard v. Pacific Greyhound LinesCalifornia Supreme Court · 1946
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3Cited by8 opinions
- Whyte v. Schlage Lock CompanyCalifornia Court of Appeal · 2002
- Yarrow v. State of CaliforniaCalifornia Supreme Court · 1960
- Pellegrino v. Robert Half International, Inc.California Court of Appeal · 2010
- White v. Aetna Life InsursanceCalifornia Court of Appeal · 1961
- Selfridge v. Carnation Co.California Court of Appeal · 1962
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