Parsell v. San Diego Consolidated Gas & Electric Co.

In this action for personal injuries a jury returned a verdict in favor of the plaintiffs. A judgment notwithstanding the verdict which was then entered was reversed by this court (41 Cal. App. (2d) 382 [106 Pac. (2d) 935]), on the grounds that while it was weak there was some evidence of negligence on the part of the defendant and that *214the question of contributory negligence was one of fact rather than one of law, with the suggestion that a new trial could properly be granted. After the going down of the remittitur the defendant presented its motion for a new trial which the court, in…