Legal Opinion · Dissent

Figone v. Guisti

California Court of Appeal

Decided October 17, 1919No. Civ. No. 2904Published

APPEAL from a judgment of the Superior Court of the City and County of San Francisco. Daniel C. Deasy, Judge. Affirmed. The facts are stated in the opinion of the court.

1Dissent

BRITTAIN, J., Dissenting.

It is with regret that for the first time since the organization of this division of the court I am compelled to dissent from the opinion and conclusions of my associates in regard to the controlling facts of the case and the applicability to them of the rules of law which would be unquestionable in a case to which they might properly apply.

The appeal is from a judgment of nonsuit in an action for damages for death by wrongful act. The plaintiffs and appellants are the parents of John Figone, twenty years and five months old, who was killed by an employee of the…

2Cases cited24 opinions

  1. Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
  2. Insurance Co. v. TweedSupreme Court of the United States · 1869
  3. Smith v. WhittierCalifornia Supreme Court · 1892
  4. Purcell v. St. Paul City Ry. Co.Supreme Court of Minnesota · 1892
  5. Fletcher v. Baltimore & Potomac RailroadSupreme Court of the United States · 1897

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API