Philpott v. Mitchell

Clarence Robert Philpott appeals from a judgment in favor of the defendant, Sanford R. Mitchell, Jr., in an action based upon an automobile accident which happened in Montana and caused serious and permanent injuries to the plaintiff. Both sides agree that the Montana law controls the substantive rights involved. An attempt is also made to appeal from the order denying plaintiff’s motion for a new trial; as this is not an appealable order (Rodriguez v. Barnett, 52 Cal.2d 154, 156 [338 P.2d 907]), that portion of the appeal must be dismissed; the order denying the motion for a new trial is…