Freitas v. Passerino

This is a motion to dismiss an appeal or affirm the judgment. (Rules for Supreme Court and District Courts of Appeal, Rule V. subd. 3.) The plaintiffs contend that the appeal was taken for delay only and that the questions on which the decision of the cause depends are so unsubstantial as not to need further argument.

For the injuries sustained in an automobile collision the plaintiffs commenced an action against the defendants to recover damages. The defendants filed an answer and a cross-complaint. The plaintiffs answered the cross-complaint and on the issues so framed the action was tried…