Legal Opinion

Cawog v. Rothbaum

California Court of Appeal

Decided November 28, 1958No. Civ. 23033PublishedCited by 17 opinions

1Opinion of the CourtLillie, J.

Defendants appeal from a judgment in favor of plaintiff in a personal injury action. The matter was heard by a jury and a verdict of $7,500 resulted. Plaintiff’s cause of action was based on negligence and wilful and wanton misconduct. Affirmative defenses raised by the answer were contributory negligence and assumption of risk.

Appellants claim the trial court erred: in the manner in which the jury was instructed on the last clear chance doctrine ; in submitting the issue of wilful or wanton misconduct to the jury; in giving prejudicially repetitious instructions on wilful and wanton…

2Cases cited16 opinions

  1. Brandelius v. City & County of San FranciscoCalifornia Supreme Court · 1957
  2. Donnelly v. Southern Pacific Co.California Supreme Court · 1941
  3. Harrington v. Los Angeles Railway Co.California Supreme Court · 1903
  4. Adkisson v. City of SeattleWashington Supreme Court · 1953
  5. Esrey v. Southern Pacific Co.California Supreme Court · 1894

11 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Tate v. CanonicaCalifornia Court of Appeal · 1960
  2. Ewing v. Cloverleaf BowlCalifornia Supreme Court · 1978
  3. Williams v. CarrCalifornia Supreme Court · 1968
  4. Kindt v. KauffmanCalifornia Court of Appeal · 1976
  5. Lovett v. HitchcockCalifornia Court of Appeal · 1961

12 more not listed; retrieve them via the Exa API.

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