Cummings v. Kendall

J.—The respondent has moved under the provisions of rule V, subdivision 3, of California Court Rules, to dismiss the appeal in this ease on the ground that the issues are unsubstantial and that the appeal was taken merely for delay. The appellants’ opening brief has been filed.

We are of the opinion that the appeal presents a legal problem too serious to justify the dismissal of the case without a hearing on its merits. The appellants contend that there is no evidence supporting the findings or judgment that their alleged negligence contributed in anywise to the injuries sustained by the…