Cummings v. Kendall

PARKER, J., pro tem.

Defendants appeal from the judgment rendered in favor of plaintiff. The case involves an automobile accident and was tried by the court, sitting without a jury.

Heretofore respondent moved to dismiss the appeal and the opinion of this court in denying the motion is found in 34 California Appellate. Beports (2d series), at page 379 [93 Pac. (2d) 633],

Appellant at this stage of the appeal places much reliance on the language of the court in denying the motion to dismiss and inclines to the contention that the law of the case was therein announced. We are not in accord with…