Kalfus v. Fraze

This case, an action for personal injuries sustained by plaintiff when struck by an automobile, is presented for appellate review for the second time. In the initial trial, the jury returned a verdict in favor of defendant, following which the judge granted plaintiff’s motion for a new trial on the ground of insufficiency of the evidence to sustain the verdict. The order was affirmed on appeal (Kalfus v. Fraze, 126 Cal.App.2d 99 [271 P.2d 573]), where the court observed that the sole question is “whether there was evidence which would have sustained a judgment in favor of the moving party…