Carr v. Pacific Telephone Co.

Opinion

KERRIGAN, J.

This is an action by the widow and minor children of Fred W. Carr, deceased, to recover damages from a telephone company *540for his wrongful death. The jury returned with a defense verdict. Plaintiffs’ motion for a new trial was denied, and plaintiffs appeal from the judgment.1

The trial court instructed the jury on the doctrine of assumption of risk (BATI No. 4.30, as modified) and admitted some evidence of the fact that decedent had been involved in an immoral affair with a minor in 1961 and had suffered a conviction for issuing checks without sufficient funds for which he…