Taylor v. McKinley
California Supreme Court
Appeal from the Superior Court of San Francisco. The plaintiff sued for work done on the sloop Nabob & Ruth, and a wharf and lime-kiln, ajl belonging to the defendants. The defendants McKinley and Garrioch answered, denying each of the allegations of the complaint.
Read the full summary
Appeal from the Superior Court of San Francisco. The plaintiff sued for work done on the sloop Nabob & Ruth, and a wharf and lime-kiln, ajl belonging to the defendants. The defendants McKinley and Garrioch answered, denying each of the allegations of the complaint. The jury found a verdict in favor of the plaintiff, whereupon the defendant McKinley applied to the Court for a new trial, and, in support of his application, filed his own affidavit, alleging that he had been surprised at the trial, by the production of his co-defendant, Mowbray, as a witness on behalf of plaintiff. After hearing…
1Opinion of the CourtJustice Heydeneeldt
Mr. Ch. J. Murray concurred.
This Court has always refused to interfere with the verdict of a jury, where the evidence is dubious or conflicting. Nor, in such case, will we revise the discretion of the Court below, in granting or refusing a new trial.
The assignments of error made in this case are too unsubstantial to require consideration or argument.
Let the judgment be affirmed, with ten per cent, damages.
2Cited by1 opinion
- Kellenberger v. Market Street Cable Railway Co.California Supreme Court · 1893