Tinney v. Neilson's Flowers, Inc.

Latham, Kleinfeld and Brennan, JJ., concur; Martuseello, Acting P. J., and Benjamin, J., dissent and vote to reverse the order, deny the motion for a new trial and reinstate the jury’s verdict, with the following memorandum: This is a wrongful death action stemming from an accident in which the deceased, a pedestrian, was struck by defendants’ station wagon. The thrust of the defense was that the deceased was intoxicated at the time of the accident and contributorily negligent because of his condition. The action was brought by the deceased’s son, as administrator of his estate, on behalf of…