Phelan v. Superior Court

35 Cal.2d 363 (1950)

WILLIAM PHELAN, Petitioner,

v.

THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO et al., Respondents.

S. F. No. 17884.

Supreme Court of California. In Bank.

May 9, 1950.

Hallinan, MacInnis & Zamloch and Ralph Wertheimer for Petitioner.

Dion R. Holm, City Attorney, and Joseph F. Murphy, Deputy City Attorney, for Respondents.

GIBSON, C.J.

Petitioner recovered a judgment against George O'Brien in the sum of $2,000 pursuant to a jury's verdict in an action for personal injuries. On O'Brien's motion for a new trial the following order was made: "Motion for new trial denied.…