Ortega v. Thomas

McDonough, justice.

Plaintiff obtained a jury verdict for damages to his automobile and personal injury to himself which resulted from an automobile collision. Defendant appeals.

In setting forth the basis for appeal defendant’s counsel have recited the facts according to their own view of the evidence. The rule is so fundamental that the facts must be viewed in the light most favorable to the party who prevailed below, 1 that it is an indefensible imposition upon this court and opposing counsel not to follow it.

On July 12, 1960, three sailor boys, the defendant, Perry A. Thomas, his brother,…