McDonald v. Shell Oil Co.

Plaintiff appeals from a judgment of non-suit granted at his third trial, the two previous trials having resulted in jury verdicts for plaintiff followed by the granting of motions for new trial. Viewing the evidence in the light most favorable to plaintiff and disregarding conflicts in accordance with the settled rules applicable in testing the propriety of nonsuits (Huffman v. Lindquist, 37 Cal.2d 465, 468 [234 P.2d 34]; Palmquist v. Mercer, 43 Cal.2d 92, 95 [272 P.2d 26]), it nevertheless appears that the law precludes plaintiff from recovering damages from defendants Shell Oil Company and…