Green v. Lake Superior & Pacific Fuse Co.
California Supreme Court
Appeal from the District Court of the Third Judicial District, City and County of San Francisco. The action was to recover damages, alleged to have been caused to the plaintiff by the premature explosion of blasting fuse, in consequence of the unskillfulness and negligence of the defendant in manufacturing it. The plaintiff was using the fuse to ignite a blast in a mine where he was at work.
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Appeal from the District Court of the Third Judicial District, City and County of San Francisco. The action was to recover damages, alleged to have been caused to the plaintiff by the premature explosion of blasting fuse, in consequence of the unskillfulness and negligence of the defendant in manufacturing it. The plaintiff was using the fuse to ignite a blast in a mine where he was at work. He obtained a verdict and judgment, which were subsequently set aside and a new trial granted. The appeal is from the order granting the new trial.
1Opinion of the Court
By the Court:
The Court below set aside the verdict of the jury and granted the defendant a new trial, because, in its opinion, the evidence was insufficient to justify the verdict. It is apparent, on looking more fully into the record, and indeed was quite apparent at the argument, that in the conflict of evidence upon the question of negligence involved, the action of the Court below in granting a new trial cannot be disturbed here. Nor is the case of the appellant aided by *409reference to the pleadings; mere criticisms upon the form in which denials or defenses are couched should be presented…
2Cited by2 opinions
- Bayly v. LeeCalifornia Supreme Court · 1916
- Surbaugh v. ButterfieldUtah Supreme Court · 1914