Carvalho v. Lusardi

WAGLER, J. pro tem.

This is an appeal by defendant from an order granting plaintiff’s motion for a new trial. In her complaint the plaintiff, a pedestrian, alleged that she was injured when the defendant so negligently operated his automobile as to cause it to collide with her at an intersection in the city of San Jose. The defendant denied negligence and set up the affirmative defense of contributory negligence. Judgment for defendant was entered upon a jury’s verdict. Thereafter the plaintiff moved for a new trial upon all of the statutory grounds except that of excessive damages.

The minute…