Cucuk v. Payne

CONLEY, J. pro tem. *

Plaintiff was severely injured while crossing Tulare Street at “R” Street in the city of Fresno, when he was struck by an automobile driven by Bill Dean Payne and owned by William A. Payne. The jury brought in a verdict for the defendants and plaintiff appeals.

Appellant first claims that the verdict was based on incredible testimony which was “contrary to the laws of nature”; secondly, that certain instructions given by the court were erroneous; and thirdly, that the court erred in refusing some of plaintiff’s proposed instructions.

On the first point, our inquiry must be…