Legal Opinion
Frederickson v. Kepner
California Court of Appeal
Decided December 17, 1947No. Civ. 15914PublishedCited by 12 opinions
1Opinion of the CourtMcCOMB, J.
This is an appeal from a judgment in favor of defendant predicated upon the granting of his motion for a nonsuit in a trial before a jury in an action to recover damages resulting from injuries caused by being attacked by two dogs owned by defendant.
It is the rule that in reviewing a judgment predicated upon the granting of a motion for nonsuit an appellate court (1) is not permitted to weigh inconsistencies in the evidence, (2) is not permitted to construe the evidence other than as strongly as possible in favor of plaintiff, (3) must disregard all evidence in conflict with that in…
2Cases cited8 opinions
- Lawless v. CalawayCalifornia Supreme Court · 1944
- Stockwell v. Board of Trustees of the Leland Stanford Junior UniversityCalifornia Court of Appeal · 1944
- Montgomery v. KoesterSupreme Court of Louisiana · 1883
- Barnett v. La Mesa Post No. 282California Supreme Court · 1940
- Hicks v. SullivanCalifornia Court of Appeal · 1932
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Clark v. BringsSupreme Court of Minnesota · 1969
- Nava v. McMillanCalifornia Court of Appeal · 1981
- Hale v. O'NEILLAlaska Supreme Court · 1971
- Talizin v. Oak Creek Riding ClubCalifornia Court of Appeal · 1959
- Drake v. DeanCalifornia Court of Appeal · 1993
7 more not listed; retrieve them via the Exa API.