Legal Opinion

Alexander v. McDonald

California Court of Appeal

Decided July 9, 1948No. Civ. 16344PublishedCited by 26 opinions

1Opinion of the CourtMcCOMB, J.

Plaintiffs appeal from a judgment in their favor, after trial before a jury, in an action to recover damages for injuries resulting from an automobile accident.

Questions Presented for Review

First: Was the sum awarded each of the plaintiffs as damages ty the verdict of the jury and judgment thereon inadequate?

This question cannot be considered by us for the reason that the rule is established that the point that the damages are inadequate cannot be raised for the first time on appeal, but must be presented to the trial court on a motion for a new trial before an appellate court will consider…

2Cases cited10 opinions

  1. In Re Estate of HigginsCalifornia Supreme Court · 1909
  2. Baum v. MurrayWashington Supreme Court · 1945
  3. Bate v. JolinCalifornia Supreme Court · 1929
  4. Delannoy v. GrammatikosCalifornia Court of Appeal · 1932
  5. Allen v. ElliottCalifornia Supreme Court · 1918

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

3Cited by26 opinions

  1. Schroeder v. Auto Driveaway Co.California Supreme Court · 1974
  2. Schmidt v. MacCo Construction Co.California Court of Appeal · 1953
  3. People Ex Rel. Department of Public Works v. AlexanderCalifornia Court of Appeal · 1963
  4. Ehman v. MooreCalifornia Court of Appeal · 1963
  5. Mendoyoma, Inc. v. County of MendocinoCalifornia Court of Appeal · 1970

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

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