Holland v. Kerr

As a result of a collision between an automobile driven by defendant Bisek and in which plaintiff was riding, and one driven by defendant Kerr, plaintiff sued both defendants. From a judgment of nonsuit in favor of Bisek and a judgment on a jury verdict in favor of Kerr, plaintiff appeals.

Questions Presented

1. Was there any evidence of willful misconduct, and hence the judgment of nonsuit was improper? 2. Did the court err in refusing instructions based on section 2061, subdivisions 6 and 7, and section 1963, subdivision 5, Code of Civil Procedure, where photographs were admitted in evidence…