Legal Opinion

Opp v. Sykes

California Court of Appeal

Decided July 25, 1961No. Docket Nos. 18942, 18943PublishedCited by 9 opinions

1Opinion of the CourtDuniway, J.

In these cases, the appeals are from an order granting motions for new trial. We conclude that the conclusive presumption, established by Code of Civil Procedure, section 657, that the order was not granted on the ground of insufficiency of the evidence to justify the verdict, applies.

The other ground of the motions,1 ‘ that the verdict is against the law” does not support the order. It follows that the order must be reversed.

These are consolidated actions for personal injuries sustained by respondent driver and passenger (plaintiffs) in a rear-end collision, in which the jury returned a…

2Cases cited26 opinions

  1. Aced v. Hobbs-Sesack Plumbing Co.California Supreme Court · 1961
  2. Yarrow v. State of CaliforniaCalifornia Supreme Court · 1960
  3. Whitley v. Superior CourtCalifornia Supreme Court · 1941
  4. Cox v. Tyrone Power Enterprises Inc.California Court of Appeal · 1942
  5. Dempsey v. Market Street Railway Co.California Supreme Court · 1943

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

3Cited by9 opinions

  1. Mercer v. PerezCalifornia Supreme Court · 1968
  2. McCown v. SpencerCalifornia Court of Appeal · 1970
  3. Siegal v. Superior CourtCalifornia Supreme Court · 1968
  4. People v. ColeyCalifornia Court of Appeal · 1968
  5. Tagney v. HoyCalifornia Court of Appeal · 1968

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

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