Brush v. Kurstin

McCOMB, J., pro tem.

This is an appeal by:

A. Defendant Morris A. Kurstin from a judgment in favor of plaintiff for damages in the sum of $4,697.50 after a trial before a jury;

B. Defendant Bernice Kurstin from an order granting plaintiff a new trial on the issue of damages solely.

Viewing the evidence most favorable to plaintiff (Ah Gett v. Carr, 3 Cal. App. 47, 48 [84 Pac. 458]), the facts in the instant case are:

Plaintiff at approximately 10:15 P. M., December 17, 1934, approached the southwest corner of Wilshire and Rampart Boulevards in the city of Los Angeles. Looking west on Wilshire…