Ryan v. Oakland Gas, Light & Heat Co.
California Court of Appeal
APPEAL from a judgment of the Superior Court of Alameda County and from an order denying a new trial. Wm. H. Waste, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtChipman, P. J.
The complaint in this case was filed in December, 1904, and was brought to issue by answer in October, 1905. On appeal from the judgment at the first trial it was held that the evidence was sufficient to support the verdict in favor of plaintiff but the judgment was reversed because of an instruction which, in the opinion of the appellate court, took from the jury a question of fact. Ryan v. Oakland Gas etc. Co., 10 Cal. App. 484, [102 Pac. 558],)
Respondent contends that, so far as the facts are concerned, the decision on the first appeal is the law of the case, inasmuch as the evidence is…
2Cases cited15 opinions
- Merrill v. Los Angeles Gas Elec. Co.California Supreme Court · 1910
- Callan v. BullCalifornia Supreme Court · 1896
- Tedford v. Los Angeles Electric Co.California Supreme Court · 1901
- Melone v. Sierra Ry. Co. of Cal.California Supreme Court · 1907
- Cushing v. PiresCalifornia Supreme Court · 1899
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3Cited by20 opinions
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- Rystinki v. Central California Traction Co.California Supreme Court · 1917
- Davis v. RentonCalifornia Court of Appeal · 1931
- Sommer v. GaborCalifornia Court of Appeal · 1995
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