Legal Opinion
Zar v. Alafetich
California Court of Appeal
Decided July 22, 1954No. Civ. 20070PublishedCited by 4 opinions
1Opinion of the Court
MOSK, J. pro tem. *
Appellant sought to recover damages for personal injuries sustained during the course of his employment as a member of the crew of the " Sea Rose, ’ ’ a commercial fishing vessel owned and operated by the respondents. His action was brought in state court pursuant to provisions of the Jones Act (46 U.S.C.A. § 688). Upon completion of appellant’s presentation, the trial court granted respondents’ motion for a nonsuit. Our only question on appeal is whether the court erred in taking the matter from the jury.
The cases indicate that nonsuits should be granted sparingly. A…
2Cases cited25 opinions
- Mahnich v. Southern Steamship Co.Supreme Court of the United States · 1944
- Sweeney v. ErvingSupreme Court of the United States · 1913
- Garrett v. Moore-McCormack Co.Supreme Court of the United States · 1942
- Garrett v. Moore-Mccormack Co., Inc.Supreme Court of the United States · 1943
- Ybarra v. SpangardCalifornia Supreme Court · 1944
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3Cited by4 opinions
- Soucie v. Trautwein BrothersCalifornia Court of Appeal · 1969
- Preston v. HurttCalifornia Court of Appeal · 1961
- Leonard v. Watsonville Community HospitalCalifornia Supreme Court · 1956
- Leonard v. Watsonville Community HospitalCalifornia Supreme Court · 1956