Legal Opinion

Southers v. Savage

California Court of Appeal

Decided April 11, 1961No. Civ. 18948PublishedCited by 7 opinions

1Opinion of the CourtBray, P. J.

Southers and cross-complainants Attilio Nunsiale and Adolpho Nunsiale appeal from judgment in favor of defendants.

Questions Presented

1. Admission of oral statement of David McGuire on theory of adoptive admission.

2. Alleged error of court:(a) in misquoting testimony of Southers;(b) in stating that defendants did not have to prove that Southers was physically able to reply, in order to consider his silence as an adoptive admission;(c) in permitting traffic officer to opine as to point of impact;(d) in instructions.

3. Alleged error of Hertz counsel.

Record

Plaintiff sued defendants Savage, the…

2Cases cited14 opinions

  1. People v. SimmonsCalifornia Supreme Court · 1946
  2. People v. HaeusslerCalifornia Supreme Court · 1953
  3. Showalter v. Western Pacific RailroadCalifornia Supreme Court · 1940
  4. Robinson v. CableCalifornia Supreme Court · 1961
  5. Zelayeta v. Pacific Greyhound Lines, Inc.California Court of Appeal · 1951

9 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Grimshaw v. Ford Motor Co.California Court of Appeal · 1981
  2. Warner Construction Corp. v. City of Los AngelesCalifornia Supreme Court · 1970
  3. Estate of NeilsonCalifornia Supreme Court · 1962
  4. Starr v. MorsetteNorth Dakota Supreme Court · 1975
  5. Ungefug v. D'AMBROSIACalifornia Court of Appeal · 1967

2 more not listed; retrieve them via the Exa API.

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