Lein v. Parkin

Plaintiff appeals from a judgment entered in favor of defendant in a personal injury action. Plaintiff also purportedly appeals from the order denying his motion for a new trial. The latter order is not appealable and the appeal therefrom must be dismissed. (Code Civ. Proc., § 956; Lewis & Queen v. N. M. Ball Sons, 48 Cal.2d 141, 146 f.n. [308 P.2d 713].)

The trial court, sitting without a jury, found that plaintiff was a “passenger” in defendant’s automobile and that defendant’s negligence had caused the injury. However, the court entered judgment for defendant, based upon its finding that…