Yarrow v. State of California

This is an appeal from an order granting the defendant’s motion for a new trial.

Plaintiffs husband and wife, brought this action against the state 1 claiming to have suffered personal injuries and property damage by reason of the negligent operation of motor vehicles by state employees. They relied on the provisions of section 400 * of the Vehicle Code 2 as evidence of the state’s consent to be sued. The state denied the allegations of the complaint and pleaded contributory negligence as an affirmative defense. In its pleadings and in successive motions at the trial for judgment on the…