Legal Opinion

29 Palms Van & Storage v. Los Angeles Metropolitan Transit Authority

California Court of Appeal

Decided October 14, 1963No. Civ. 26576PublishedCited by 8 opinions

1Opinion of the CourtFiles, J.

This is an action for damages sustained by plaintiff when its furniture moving van was struck by defendant’s electric railway car on July 14, 1959. Liability was admitted and the action was tried by a court sitting without a jury on the damages issue only. The judgment was for $3,600, from which defendant appeals.

Defendant’s contentions here are that the trial court refused to make findings of fact segregating the special from the general damages, and that the evidence is insufficient to support the amount awarded.

The allegation of damages as set forth in the complaint was only that “said van…

2Cases cited5 opinions

  1. James v. HaleyCalifornia Supreme Court · 1931
  2. Klein v. MilneCalifornia Supreme Court · 1926
  3. Aspe v. PirrelliCalifornia Supreme Court · 1928
  4. Howard Townsite Owners, Inc. v. Progressive Oil Co.California Court of Appeal · 1961
  5. Monaci v. TurnerCalifornia Court of Appeal · 1940

3Cited by8 opinions

  1. South Bay Irrigation District v. California-American Water Co.California Court of Appeal · 1976
  2. Kerr Land & Timber Co. v. EmmersonCalifornia Court of Appeal · 1965
  3. Millington v. MillingtonCalifornia Court of Appeal · 1968
  4. Gordon v. WolfeCalifornia Court of Appeal · 1986
  5. Benson Elec. Co. v. Hale Bros. Assoc., Inc.California Court of Appeal · 1966

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