Legal Opinion

Luckie v. Diamond Coal Co.

California Court of Appeal

Decided June 7, 1919No. Civ. No. 2907PublishedCited by 39 opinions

APPEAL from an order of the Superior Court of Los Angeles County granting a new trial. Louis W. Myers, Judge. Reversed. ! The facts are stated in the opinion of the court.

1Opinion of the CourtFinlayson, P. J.

Defendant appeals from an order granting a new trial after a verdict in its favor.

The action is for the recovery of damages for personal injuries sustained in an automobile accident, alleged to have resulted from the negligence of defendant’s servants. Whether the persons whose negligence caused the accident were the servants of defendant or of one whom defendant claims was an independent contractor, is one of the principal questions presented.

[1] The order granting the new trial is as follows: “The motion of plaintiff for a new trial herein is hereby granted, upon the grounds specified in…

2Cases cited19 opinions

  1. Green v. SouleCalifornia Supreme Court · 1904
  2. Powell v. Construction Co.Tennessee Supreme Court · 1890
  3. Driscoll v. TowleMassachusetts Supreme Judicial Court · 1902
  4. Kauffman v. MaierCalifornia Supreme Court · 1892
  5. Western Indemnity Co. v. PillsburyCalifornia Supreme Court · 1916

14 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. Merrill v. Duffy Reed Construction Co.Idaho Supreme Court · 1960
  2. Kowalski v. Shell Oil Co.California Supreme Court · 1979
  3. Burlingham v. GrayCalifornia Supreme Court · 1943
  4. Oliveira v. New Prime, Inc.Court of Appeals for the First Circuit · 2017
  5. Pacific Lumber Co. v. Industrial Acc. Com.California Supreme Court · 1943

34 more not listed; retrieve them via the Exa API.

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