Legal Opinion

Crandall v. McGrath

California Court of Appeal

Decided April 25, 1942No. Civ. 13442PublishedCited by 19 opinions

1Opinion of the CourtMoore, P. J.

The question for decision on this appeal is whether the court abused its discretion in granting a new trial upon the single issue of damages only. The verdict returned was $100 less than the amount of special damages established.

Defendant appeals from the court’s order, contending that because of the “irreconcilable conflict” in the evidence on the issue of liability a new trial should be granted upon all issues.

It is provided by statute that a verdict may be vacated in whole or in part and a new trial granted on all or part of the issues. (§ 657, Code Civ. Proc.) It has long been established…

2Cases cited7 opinions

  1. Bencich v. Market Street Railway Co.California Court of Appeal · 1937
  2. Wallace v. MillerCalifornia Court of Appeal · 1938
  3. Robinson v. MuirCalifornia Supreme Court · 1907
  4. Amore v. Di RestaCalifornia Court of Appeal · 1932
  5. Adams v. HildebrandCalifornia Court of Appeal · 1942

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

3Cited by19 opinions

  1. Rose v. Melody LaneCalifornia Supreme Court · 1952
  2. Hamasaki v. FlothoCalifornia Supreme Court · 1952
  3. Clifford v. RuoccoCalifornia Supreme Court · 1952
  4. Kralyevich v. MagriniCalifornia Court of Appeal · 1959
  5. Baxter v. PhillipsCalifornia Court of Appeal · 1970

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

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