Lange v. Schoettler
California Supreme Court
Appeal from a judgment of the Superior Court of the City and County of San Francisco and from an order denying a new trial. John Hunt, Judge. The facts are stated in the opinion of the court,'
1Opinion of the CourtTemple, J.
This action was brought to recover damages for the death of plaintiff's son, which it is charged was caused by the wrongful act of the defendant.
1. The first point, although apparently based upon the alleged insufficiency of the evidence, is that the jury was erroneously instructed that they could allow exemplary damages if the act causing death was wanton, cruel, and malicious.
I think this instruction erroneous, and that it was probably given under some misapprehension as to our statutes upon the subject. It has been uniformly ruled that the action provided for in section 376 of the Code of…
2Cases cited3 opinions
- Munro v. Pacific Coast Dredging & Reclamation Co.California Supreme Court · 1890
- Morgan v. Southern Pac. Co.California Supreme Court · 1892
- Pepper v. Southern Pacific Co.California Supreme Court · 1895
3Cited by36 opinions
- Grimshaw v. Ford Motor Co.California Court of Appeal · 1981
- Bond v. United R.R. of S.F.California Supreme Court · 1911
- Capelouto v. Kaiser Foundation HospitalsCalifornia Supreme Court · 1972
- People v. SpriggsCalifornia Supreme Court · 1964
- Lydia Williams v. Delano DowlingCourt of Appeals for the Third Circuit · 1963
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